Ashley v. Holman

Citations

• 44 S.C. 145
• 21 S.E. 624
• 1895 S.C. LEXIS 63

Syllabus

<p>1. Lunatic — Committee-—-Support.—A committee of a lunatic should be allowed $140 per annum for the support of the lunatic, where this amount had been fixed by the Court of Equity as a proper allowance, and in a subsequent action against a former committee the lunatic’s services had been ascertained to be of no value, and where no change in condition is shown, notwithstanding this present committee’s declaration at the time of such former action that the lunatic earned his support by his labor.</p> <p>2. Ibid. — Ibid.—Accounts—Corpus—Suits.—A committee should not be allowed sums expended by him for costs and fees out of the corpus of the lunatic’s estate in an action instituted by this committee to recover a claim which the court adjudged to be unfounded, unless he can show not only probable cause, but overweening necessity or advantage to his cestui que trust, which is not shown by his representation by honorable counsel, where the existing corpus of the lunatic’s estate was ample for his support, and the committee’s declarations show that he was animated by malice.</p> <p>3. Ibid. — Ibid.—Ibid.—A committee is chargeable with what he should have received for his lunatic from the administrator of a deceased committee, and cannot claim credits improperly allowed on such accounting.</p> <p>4. Ibid. — Ibid.—Ibid.—The rule laid down to govern the accounting by successive committees of a lunatic’s estate, charging them with the corpus and interest, and crediting them with commissions and the yearly sum allowed by the court for his support.</p> <p>5. Ibid. — Ibid.—Charge.-—The estate of a lunatic being exhausted, his committee may demand and enforce payment of a sum necessary for the lunatic’s support from the executors and legatees of a testator who imposed this charge on such a contingency.</p> <p>6. Ibid. — Ibid.—Settlement—Bar op Statute. — An action to set aside' a settlement between the committee of a lunatic and the administrator of a deceased lunatic as pretens