Graveley v. Graveley

Citations

• 20 S.C. 93
• 1883 S.C. LEXIS 130

Syllabus

<p>1. Where an executrix, resident in England, of a testator who had died there, proved the will both in England and in South Carolina, she may be sued in the courts of this State; and having appeared and answered to the merits, she cannot object that she had been made a party by publication only.</p> <p>2. When the facts stated in the complaint make out substantially a case fox-equitable relief, the court will so regard it, notwithstanding judgment for legal relief only was prayed.</p> <p>3. Where a legacy of $2,000 was given by a testator, who died in England, to A. a citizen of this country, “ to be held in trust for him by my executors and paid him with the accumulations of interest when he attains the age of twenty-one years,” the will did not thereby ci-eate the distinct and separate office of trustees, but only imposed a duty on the executors as such. This case distinguished from Anderson v. Earle, 9 S. O. 461.</p> <p>4. The executrix having invested in English consols an amount equivalent to American dollars of cux-rency at their value in English coin one year after the testator's death. Held, that the legatee, on attaining his majority, could maintain an action against the executrix as such for the purpose of impeaching the fairness, propriety and legality of such transfer and investment.</p> <p>5. Whether such executrix can be sued in the courts of this State depends upon (1) the domicil of the testator, and (2) if domiciled in England, whether there are assets of his estate still remaining here. These facts not appearing in the pleadings or in the proof, the case was remanded.</p> <p>6. Matters stated in a reply are deemed to be controverted. Code, § 189. Result only concurred in.</p>