Cochean v. Fillans

Citations

• 20 S.C. 237

Syllabus

<p>1. A widow residing with her child in the Island of Jersey, and being about to marry, transferred all her interest in the estate of her first husband, consisting of moneys, bonds, &c., in the hands of an administrator in South Carolina, to trustees in Jersey, without security, upon certain trusts in behalf of herself, and, after her death, in behalf of such issue as should attain their majority, or marry, &e., charged with a payment of half the income to her intended husband during life. Upon her death, leaving the said child, a minor, and her husband surviving, held, that the funds in South Carolina were not payable to the general guardian here of such infant, but to the trustees in Jersey under the marriage settlement.</p> <p>2. Held, further, that the money being in this State, and the cestui que trust who may become entitled to it being an infant, the courts here cannot permit it to be paid over to the foreign trustees, until satisfied that they have given sufficient security in the Island of Jersey for its proper administration.</p> <p>3. Before permitting property in this State belonging to an infant to be transferred beyond the limits of the State, the court must be satisfied (1) that the guardian has been regularly appointed according to the laws of the State in which the ward resides; (2) the fitness of such guardian for the appointment; and (3) that sufficient security has been given. And the same rule applies to cases of foreign trustees of. an infant cestui que trust, who has property here.</p> <p>4. This principle depends, not upon the residence of the infant in this State, but upon the responsibility of the courts of this State for the protection of property within their jurisdiction belonging to cestuis que trusts</p> <p>Mr. Chief Justice Simpson dissented so far as the opinion required* trustees to give security.</p>