Miller v. Phillips

BOULDIN, Justice;

The appeal is from a decree on final settlement of the administration of an estate in the probate court.

The distributees appeal. The assignments of error relate to sundry items of debit and credit.

Appellee argues these questions cannot be reviewed because the bill of ex ceptions does not recite that it contains all the evidence before the trial judge. The recital in this regard is: “This was substantially all the testimony.” “Testimony,” it is insisted, is of more limited import than “evidence,” in that the latter may include much documentary matter offered apart from…