Carr v. Bredenberg

Citations

• 50 S.C. 471
• 27 S.E. 925
• 1897 S.C. LEXIS 41

Syllabus

<p>1. Trusts — Trustee.—The fact that a trustee does not return his personal property for city taxation, is not a sufficient showing to require the trust fund to be paid into Court.</p> <p>2. Ibid. — Ibid.—The Court will not permit a trust fund to be paid to a non-resident trustee, unless he execute a bond with resident sureties, conditioned that he will not remove the fund beyond the jurisdiction of the Court, and that he will account regularly for same before the proper officer.</p> <p>3. Trustee — Remaindermen—Arpead.—The failure of a trustee to appeal from an order directing the fund to be paid into Court, cannot affect the rights of contingent remaindermen who appeal from such order, and insist that the fund be retained by the trustee.</p> <p>4. WlDD — -Limitation oe Estates. — Under the will in question, under the contingency which now presents itself, the plaintiff will be entitled to the fund in question after death of life tenant; but as other contingencies indicated in will may arise before death of life tenant, an order -to that effect now is premature.</p>