Fraser v. Council of Charleston

Citations

• 19 S.C. 384
• 1883 S.C. LEXIS 90

Syllabus

<p>1. Where an executor qualifies after his co-executor has fraudulently misapplied the estate, and afterwards a receiver is appointed without objection, the court will not, upon the death of the guilty executor, restore the management of the estate to the survivor.</p> <p>2. The rulings in this case on former appeals, (11 S. O. 515; 13 Id. 542,) as to the judgments obtained at law against the executor, stated.</p> <p>3. Judgments obtained at law by innocent creditors against an executor on notes purporting to bear the .testator’s signature, but which had been forged by the executor in the testator’s life-time, are conclusive upon the executor and upon the legatees, as his privies.</p> <p>4. A judgment rendered on a creditors’ note against an estate on the same day that an injunction was obtained and filed in a creditors’ suit restraining actions, the creditors’ bill being afterwards discontinued, is not evidence of collusion on the part of the creditor suing at law, nor notice sufficient to put him upon inquiry as to the genuineness of the signature to his note.</p> <p>•5. That fraud avoids everything is a principle which cannot be invoked by the party himself, who committed the fraud, nor by his privies.</p> <p>'0. Legatees are proper parties to a bill to marshal the assets of their testator, but not to an action at law against the executor.</p> <p>7. This case distinguished from Wilson v. Kelly, mite p. 360.</p>