Feemster v. Good

Citations

• 12 S.C. 573
• 1880 S.C. LEXIS 3

Syllabus

<p>1. An executor deliberately departing from the instructions of the will, no matter what his motives, cannot impose resulting loss upon innocent devisees.</p> <p>H. So where the will directed all debts to be paid and the balance to be given to the widow “ to dispose of as she may think best for her and our children,” and the executor, in kindness and for the interests of the estate, as he thought, together with the widow, assumed a debt due by testator, and the widow, for herself and children, who were then minors, received the remainder of the estate, both real and personal, the latter-being sufficient to pay all debts, the executor, after the personal property was lost, having been required to pay the debt assumed by him, cannot look to such real estate for reimbursement.</p> <p>3. But the widow having concurred in his act and enjoyed the use of the property, her interest in the land will be liable to his repayment.</p> <p>4. Under the terms of this devise the widow and children took per capita.</p>