Fraser v. Charleston

Citations

• 13 S.C. 533
• 1880 S.C. LEXIS 86

Syllabus

<p>1. In a creditor’s action a decree was rendered which removed the executor from his office for misconduct, appointed a receiver, and determined matters affecting the assets of the estate in the hands of one of the ..defendants. Afterwards, such defendant became the assignee of two of the legatees, and as such assignee, applied to be made a party, that a third legatee, who was an infant, be also made a party, and that meantime the receiver be restrained from distributing the estate. Held, that the motion should have been granted.</p> <p>• 2. Legatees are necessary parties to a creditor’s bill, where the executor has been removed from his office for misconduct.</p> <p>8. The receiver of the estate, appointed in the stead of the executor so removed, does not represent the legatees.</p> <p>4. This case distinguished from Rice v. Mahaffey, 9 S. G. 281.</p> <p>5. Where legatees make an absolute assignment of their legacies, the assignees become thereby invested with all the rights of the assignors, and are not affected by the motives which induced the assignment.</p> <p>6. An assignment of a legacy is not mainlenanpe, because that an action at law will be required to set aside a judgment before the legacy can be recovered.</p> <p>7. The infant legatee is a necessary party, and the other legatees may require that he should be brought in by proper proceedings.</p>