Smelley v. Haynes

ANDERSON, Chief Justice.

This bill was filed under section 64S2 of the Code of 1923 which reads as follows: “When any error of law or fact has occurred in the settlement of any estate of a decedent, to the injury of any party, without any fault or neglect on his part, such party may correct such error by bill in circuit court, within two years after the final settlement thereof ; and the evidence filed in the court of probate in relation to such settlement must be received as evidence in the circuit court, with such other evidence as may be adduced: and a failure to appeal from the decree of…