Anderson v. Simms

Citations

• 29 S.C. 247
• 7 S.E. 289
• 1888 S.C. LEXIS 129

Syllabus

<p>1. Finding of fact by master and Circuit Judge approved.</p> <p>2. A release of a trustee under the hands and seals of the parties in interest, obtained by the trustee by no other than fair and just dealing, operated to discharge the trustee from further claims of the adult parties.</p> <p>3. Money was held in trust for a woman for life, and at her death to be equally divided between her children then living. Less than was due was paid by the trustee to this woman, she and her children acknowledging under seal that this payment was in discharge of all liability by the trustee under his trust. Held, that the life estate was thereby relinquished, the'remainders vested, and the trust repudiated by the trustee, and from that time the statute of limitations commenced to run in his favor.</p> <p>4. As to an infant party to this release, the statutory period of six year's having expired before she attained her majority, she was allowed by law the further period of one year, but no longer, within which to bring her action. Code, $ 122.</p>