Cundiff v. Zachary's

Judge Nicholas

delivered the Opinion of the Court.

COMMISSIONERS who had been appointed by the Pulaski count]’' court, to settle the executorial accounts of the appellee, having reported a settlement, as made by them, CundifF, as one of the devisees of Zachary, appeared, and sought permission to resist a confirmation of the report, and to shew from the face of the report, the testator’s will and other evidence which he offered to introduce, that the settlement was incorrect and unjust. The court refused him permission to introduce his testimony, or otherwise to resist the confirmation of the…