Caldwell v. Little

Citations

• 15 S.C. 236
• 1881 S.C. LEXIS 74

Syllabus

<p>1. A, B and C were executors of an estate X, which was alleged to be indebted to an estate Y, of which A and B became administrators. Action was brought in the Court of Probate by a distributee of the estate Y against A and B, as administrators, calling upon them to account for their administration of that estate. There being no allegation or proof that A and B, as executors, had received any portion of the estate X, and they having denied any receipts of the estate Y — Held, that constructive payment by operation of law had not been established.</p> <p>2. The executor, C, could be no proper party to a proceeding instituted by a , distributee of the estate Y, except upon allegations which would make a case not covered by the terms “matters testamentary and of administration,” and, therefore, a case beyond the jurisdiction of the Court of Probate.</p>