Wyllie v. Venable's

4 Munf. 369, 18 Va. 369, 1815 Va. LEXIS 16

Opinion

Judge Brooke

pronounced the court’s Opinion.

The object, of the bill in this case is to surcharge and falsify the account of an executor, settled by commissioners _ J appointed by the court, before which the will had been proved. As that account was prima facie evidence of its correctness ; as the answer disclosed nothing improper in it; and as the complainant exhibited no evidence whatever to that effect, but had the cause set down himself for hearing, which was heard on the merits ; the court is of opinion that it was not incumbent on the chancellor to have referred the account; and that he acted very correctly in disallowing the bill of review.

The decree is therefore affirmed.