Garrett ex'or of Allen v. Carr
Supreme Court of Virginia
By the decree of the court of appeals in this cause, entered at the time of the decision thereof reported in 3 Leigh 407. the cause was remanded to the circuit court of Augusta, with instructions to reinstate the original bill as to all the matters thereof, and to refer the accounts to a commissioner of the court, to be reformed and restated ; which commissioner was to be directed to keep the accounts of the personal estate distinct from the account of the land fund and the…
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By the decree of the court of appeals in this cause, entered at the time of the decision thereof reported in 3 Leigh 407. the cause was remanded to the circuit court of Augusta, with instructions to reinstate the original bill as to all the matters thereof, and to refer the accounts to a commissioner of the court, to be reformed and restated ; which commissioner was to be directed to keep the accounts of the personal estate distinct from the account of the land fund and the hire of the slaves ; stating and treating the former upon the principles established by the court as to administration…
1Opinion of the CourtAllen, J.
This court, by its former decree, merely decided that these executors, under the will of their testator, were, in respect to the land fund and hires of slaves, to be treated as guardians, and their accounts to be settled on the principles of guardians’ accounts. The question still remains to be determined, how a guardian’s account is to be settled, where, as in this case, he has wholly neglected to return his annual settlements to the court to which he is amenable, according to law. This court, in Myers &c. v. Wade &c. 6 Rand. 444. determined, that in a suit by the wards against a guardian…
2Cases cited4 opinions
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
- Myers v. WadeSupreme Court of Virginia · 1828
- Carter's Executor's v. CuttingSupreme Court of Virginia · 1816
3Cited by4 opinions
- Knight v. Watts's Adm'rsWest Virginia Supreme Court · 1885
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876