Hollady v. Hollady

Citations

• 24 S.C. 521
• 1886 S.C. LEXIS 74

Syllabus

<p>1. Where executors made a final return, crediting themselves with debts paid, but not charging themselves with rents received from lands of the devisees, an order of the probate judge approving this return and striking a balance in favor of the executors cannot be pleaded as res judicata to an action afterwards brought by these devisees against the executors for the recovery of such rents.</p> <p>2. Where an executor takes possession of lands of infant devisees, receives the rents, and applies them in part to the debts of the testator, he is liable to an action by these devisees for the surplus; and this right of action does not terminate with his life, but may be prosecuted against his executor.</p> <p>3. The finding of fact by the master, concurred in by the Circuit Judgo, that this executor had appropriated these rents to his own use, approved; and the judgment against his estate for such rents, less the pro rata liability of these devisees for the balance found in the execu-’ tor’s favor by the probate judge, affirmed.</p>