<p>Executob and Administbatob.—Partial Settlements.—Fraud.—Mistake.— Partial settlements of estates by executors and administrators, made to and approved by the court, are only prima faeie correct, and on final settlement may so far be ojiened up as to correct frauds or mistakes therein, though not excepted to at the time or appealed from.</p> <p>Same.—Appeal.—There is no statute authorizing an appeal from a partial settlement of an executor or administrator.</p> <p>Will.-—Bequest to a Class.—A bequest to a class includes all in existence at the death of the testator, unless by the will it appears that a more limited application was intended, and all who are embraced in the class at the time the bequest takes effect.</p> <p>Same.—Legacies.—Besiduary Legatees.— When Estate Vests.—Where the bequest of what remained of the estate, after paying expenses of administration and also certain legacies which were payable when the legatees named became twenty-one years of age, was to the children of certain sons of the testator that might be at the time living;</p> <p>Meld, that when the legacy payable last was due, the residuary legatees became entitle’d, and at that time the individual children only then living of said sons of the testator, whenever born, and no others, were entitled to share.</p> <p>Same.-—Purchase of Legacy by Executor.—Trustee.—The fiduciary character of an executor or administrator extends to all the legatees, and he cannot purchase the legacy of any of them for his benefit or the benefit of the other legatees; and any conveyance of, or receipt for, a legacy he may take for less than its value is void as to such difference, which he holds as trustee for the legatee.</p> <p>Same.—Evidence.— Witness.—Under the statute pro vidingthat “in all suits where an executor, administrator or guardian is a party in a case where a judgment may be rendered either for or against the estate represented by such executor,” etc., “ neither party shall be allowed to testify,” etc., an executor who has been allowed credit in his partial settlements for payment of a note made by himself, and a note made by himself, the deceased, and another, is not a competent-witness, upon the trial of an exception to said allowance, to testify as to the origin and nature of the claims as debts of the decedent and as to statements in reference thereto made to him by his testator.</p> <p>Pleading.—Behearing.—Pursuant to rule 24 of the Supreme Court, which prescribes, that “ rehearing must be applied for by petition in writing, setting forth the causes for which the judgment is supposed to be erroneous,” the errors supposed to have been committed in the decision must be pointed out particularly.</p>
Key passage — most relied on by later courts
“generally to re-examine all the questions in the record, or all the questions decided against the party filing it.”
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶2A petition for a rehearing is filed in this case, but it wholly fails to conform to rule 24 of this court. That rule-is as follows:
¶3“ Rule 24. Rehearing must be applied for by petition in writing, setting forth the causes for which the judgment is supposed to be erroneous. The court will consider the petition without oral argument, unless otherwise directed by the court.”
¶4The petition simply “moves and prays the court for a rehearing on each and every question decided against him by the court on the hearing of the above entitled cause; and upon each and every question arid matter raised by the record or appearing in the transcript thereof, which may be necessary to a fair and just consideration and decision of those questions so decided against him.” The petition does not set forth the-errors for which the judgment is supposed to be erroneous, as required by the rule. The office of a petition for a rehearing is not to request the court generally to re-examine all the questions in the record, or all the questions decided against the party filing it; but it is to point out particularly the errors which the court is supposed to have committed in the decision, which it has made. On account of this defect in the petition, we can not entertain the application for a rehearing.
