Burnside v. Donnon

Citations

• 34 S.C. 289
• 13 S.E. 465
• 1891 S.C. LEXIS 48

Syllabus

<p>1. Administrator — Disavowal of Trust. — An administratrix being the trustee of an express and continuing trust,' the statute of limitations has no application to claims against her and the sureties on her bond until she has done some act of which the parties in interest are chargeable with notice, evidencing a purpose to throw off the trust. A decree of the Probate Court, ascertaining the balance in the hands of the administratrix, so far from being a disavowal of her trust, operates as an admission by her that the trust has not been discharged.</p> <p>2. Administration Bond — Presumption.—Even if an administration bond should be presumed discharged in 20 years, such presumption may be rebutted, and as to a surety on the bond is rebutted by showing that within the 20 years, such surety was himself sued to judgment by the administratrix on an asset of the estate, and that this judgment was afterwards paid by him.</p>