53 Ala. 169 | Ala. | 1875
1. This administration was com
2. By the express words of the statute, on the final settlement of an administration, any item of account included in any pi'evious settlement may be re-examined; and its former allowance is only presumptive evidence of its correctness. R. C. § 2159 ; 1 Brick. Dig. 971, § 809. The effect of the statute is to cast on those impeaching any item embraced in a former settlement, the duty of introducing evidence of its incorrectness. Until such evidence is given, the presumption of correctness attached by law, to its former allowance, must prevail. It is like all other disputable presumptions, which the law indulges, capable of being overcome by evidence, and may be removed by evidence of the same character as that which will remove any other presumption in a civil proceeding.
3. The disputed item in this cause was a credit allowed the administrator on a former settlement for moneys deposited in bank. The incorrectness of such an allowance, under the facts stated by the administrator in his own evidence, is most manifest. According to this evidence, he had received moneys of his intestate to a large amount, which he mingled
4. The court correctly refused to allow the appellant a credit for counsel fees, it not appearing that he had paid any. Bates v. Vary, 40 Ala. 421.
The decree of the court of probate is affirmed.