Clement v. Riley

Citations

• 29 S.C. 286
• 6 S.E. 932
• 1888 S.C. LEXIS 108

Syllabus

<p>1. Plaintiffs, claiming to be sole distributees of intestate, brought action against defendant, as administratrix, for an accounting by her of her administration. Defendant claimed to be the widow of intestate, and in the fourth paragraph of her answer alleged that the personalty-received by her was not move than would be allowed to her by law as an exemption of personalty. Held, that the matter stated in this paragraph, if true, would not relieve defendant from her liability to account.</p> <p>2. In such action, an allegation in the answer that the only available property of which intestate died seised and possessed was two lots of land of which defendant was in possession, and which she claimed to hold against the plaintiffs and all other persons, was properly held on demurrer not to state facts sufficient to constitute a defence to the accounting demanded.</p>