Burnside v. Robertson

Citations

• 28 S.C. 583
• 6 S.E. 843
• 1888 S.C. LEXIS 90

Syllabus

<p>1. After accounting had in the Probate Court by an administrator and decree thereon finding a balance in his hands due to the distributees, which balance has not been paid, the probate judge may sue the sureties on the administration bond at law, for the benefit of the distributees, these facts constituting a breach of the bond. This case distinguished from Wilbur & Son v. Hutto, 25 S. C., 247.</p> <p>2. Where an administrator fails to show that an amount of money reserved to pay creditors was kept unemployed and properly so, he is liable for interest thereon.</p> <p>3. Where the character of debtor and creditor is united in the same person, the debt is paid by operation of law. But whero’an administrator of an estate is also guardian of distributees thereof, ho is not indebted as administrator to himsolf as guardian until the residuum for distribution is ascertained ; and, in this case, such residuum not having-been ascertained until after the wards had attained their majority, when the debt became payable to them and not to their former guardian, the sureties on the administration bond were not discharged.</p> <p>4. Coleman v. Smith, 14 R. C., 514, explained.</p>