Akers v. Rowan

Citations

• 36 S.C. 87
• 15 S.E. 350
• 1892 S.C. LEXIS 84

Syllabus

<p>1. Res Judicata. — A decree directing an assignee to pay the costs of an action is not an adjudication as to the priority of those costs over other claims against the assigned estate, if there should prove to be a deficiency of assets.</p> <p>2. Trustee — Counsei, Fees — Costs.—A trustee being entitled to reimbursement for all proper expenses of administering the trust, an as-signee, charged by the deed of assignment with the duty of first applying the assets towards carrying out the trusts imposed, may apply assets of the assigned estate to the payment of his attorney’s fees, and the costs of the officers of the court, before paying the costs of the adverse attorneys taxed against the assignee in an action brought and prosecuted by him as such assignee in good faith.</p>