Fricks v. Lewis

Citations

• 26 S.C. 237
• 1 S.E. 884
• 1887 S.C. LEXIS 28

Syllabus

<p>1. An order of the Probate Court granting a final discharge to an administrator, on his ex parte application, is a disavowal of trust on the part of the administrator and gives currency to the statute of limitations.</p> <p>2. Acts done in the proper public office and open to the inspection of all, are notice to all persons interested.</p> <p>3. Under the Code of Procedure an infant has as much time as persons not under disability, within which to commence actions other than for the recovery of real property; and under section 122 of the Code, he has also (with a few specified exceptions) one additional year after his majority, if the time limited for such actions expire before or within that additional year.</p> <p>4. Therefore, where an administrator made disavowal of his trust in 1871, and a distributee commenced action for accounting against him in 1885, two years after attaining her majority, the action was barred, as it was not commenced within six years after the accrual of the cause of action, nor within one year after disability expired.</p> <p>5. This section of the Code (122) and its effect upon actions by persons under disability, considered and construed.</p>