Anderson v. Butler

Citations

• 31 S.C. 183
• 5 L.R.A. 166
• 9 S.E. 797
• 1889 S.C. LEXIS 17

Syllabus

<p>1. Findings of fact by the Circuit Judge in a chancery case from evidence heard by him in open court, affirmed.</p> <p>2. A trustee cannot be a purchaser at his own sale, but the court will not, at the instance of the cestui que trust, set aside a purchase by a trustee of the trust property at a sale ordered by the court and conducted by its officers, where the trustee was largely interested individually, purchased in good faith, and paid a full price.</p> <p>3. Testatrix devised a tract of land in certain proportions to be divided between A, B, C, and D, and empowered A, her executor, to sell the whole or any part of this land in such way and on such terms as he may deem best to carry out the provisions of the will. By a first codicil, testatrix revoked the devise to D, and directed the land to be divided share and share alike between A, B, and C, in all other particulars ratifying her will. By a second codicil, testatrix revoked the devises to C under her will and first codicil, and directed the land to be divided share and share alike between A and B, in all other particulars ratifying her will and first codicil. Held, in action by B against A to restrain a sale by him that the codicils did not revoke the power of sale given by the will, and that the Circuit Court erred in ordering a sale of this land to be made by the master, and in taking it away from A, the executor, without his consent.</p> <p>4. Accounting'between the parties for rents and profits and timber cut respectively from lands in which both parties had an interest, was properly ordered.</p> <p>5. Costs in equity are within the discretion of the Circuit Judge.</p>