92 Va. 124 | Va. | 1895
delivered the opinion of the court.
This cause was decided at the June term, 1894, of this court, at Wytheville, Judge Fauntleroy delivering the opinion (19 S. E. R. 845). A re-hearing was allowed, and the cause was again argued and submitted at the recent term at Wytheville, and we are unable to concur in the opinion of the court rendered at the former hearing.
James Bobinett qualified in the County Court of Bland county, at its November term, 1865, as administrator of the estate of his deceased, son, Jezreel Bobinett, and made three settlements of his accounts as such administrator before one J. H. Hoge, a commissioner in chancery, who had been designated or appointed, according to law, assistant commissioner of accounts for the County Court of Bland. The last settlement was made by the administrator March 1, 1879, showing a balance of principal due from the estate to the administrator of $1,478.61, and this settlement, as well as all prior settlements, was duly reported to the County Court of Bland county, and was by that court approved and confirmed. In October, 1885, the heirs of Jezreel Bobinett, deceased, filed their bill of complaint, and later, an amended bill, in the Circuit Court of Bland county, against James S. Bobinett, as administrator of James Bobinett, who had died, and others, the object of said bills being to surcharge and falsify the accounts of James Bobinett as administrator of Jezreel Bobinett, deceased, which had been settled and confirmed by the court, as before stated, and to have the accounts re-stated and finally settled. The defendant, James S. Bobinett, administrator of James Bobinett, deceased, demurred to and answered the original bill; and the cause coming on to be heard at the November term of the Circuit Court, 1886, a decree was made setting forth that the complainants were entitled to have final settlement of the accounts of James Bobinett, as
The report of Commissioner Muncy discloses the fact that there were no transactions by James Robinett as administrator of Jezreel Robinett, deceased, after the settlement of his last account before Commissioner Hoge, March 1, 1879, which account, as we have seen, was duly confirmed by the County Court of Bland county; hence this balance found against him by Commissioner Muncy was arrived at by
The exceptions filed by James Eobinett’s administrator to the report of Commissioner Muncy in the court below are as follows:
“ 1st. Though called a report, it is but an argument, not sustained by facts, law, or reason.
“2d. The report and settlement is not made upon proper or legal principle, if the data on which its assumptions are based really existed as assumed.
“ 3d. There is absolutely no testimony whatever, verbal or written, in the case, that warrants the commissioner in any way in disturbing the ex parte settled accounts of the administrator, James Eobinett; and his assuming to do so in this case, in violation of law, without evidence, after the long lapse of time and death of Administrator James Eobinett, deceased, makes his conclusions simply monstrous.
“ 4th. The commissioner, instead of taking the ex parte
“ 5th. The report is wrong and contrary to law in every particular. It is excepted to as a whole, and to every part of it. The testimony in the case, instead of impeaching, fully sustains the ex parte settlements in every particular.”
The contention of appellees here is that these exceptions are not sufficient, because too general in their nature ; and that, for this reason alone, they should have been overruled by the court below. It is true that exceptions to a commissioiier’s report should specify, with reasonable certainty, the particular grounds of objection relied on, so as to enable the opposing party to see clearly what he has to meet, and the court what it has to decide. Crockett v. Sexton, 29 Gratt. 46 ; Simmons v. Simmons, 33 Gratt. 457 ; Morrison v. Householder, 79 Va. 627 ; Ashby v. Bell, 80 Va. 811; Cralle v. Cralle, 84 Va. 201, and authorities cited. This rule is as well established in Virginia as the rule that fiduciary accounts, regularly settled and confirmed by the court having jurisdiction, are to be treated as correct until shown by proper testimony to be incorrect; but, observing this rule strictly, the exceptions to Commissioner Muncy’s report must be held sufficient. They clearly point out to the court that the commissioner has fallen into the error of disregarding the directions of the court to treat the former accounts of the administrator, James 'Robinett, as correct, and to modify the same so far only as the proof before him should
For the foregoing reasons, we are of opinion that the Circuit Court of Bland county erred in overruling the exceptions taken by appellant to the report of Commissioner Muncy of March 26, 1890, and in confirming said report. Therefore, its decree of April 11, 1891, must be reversed and annulled, and this cause will be remanded to the Circuit Court, to be by it recommitted to Commissioner Muncy, or to some other commissioner of the court, for the purpose of stating and settling the final account of the transactions of James Eobinett, as administrator of Jezreel Eobinett, in accordance with the decree of the-Circuit Court entered in this cause at the November term, 1886, and in accordance with this opinion.
Reversed.