Holman v. Ashley

Citations

• 40 S.C. 421
• 19 S.E. 13
• 1894 S.C. LEXIS 161

Syllabus

<p>1. Cause op Action — Liability op Surety — Fraud.—A complaint states facts sufficient to constitute a cause of action for account and relief where plaintiffs allege that they are executors and beneficiaries under the will of a testator, who charged upon his legatees the support of a lunatic, whenever such lunatic’s own estate proved insufficient to do so; that one A, as committee, had without authority expended a large portion of such lunatic’s estate in the payment of costs and expenses of a lawsuit by him vexatiously instituted and prosecuted, and then died, and A’s administrator and only heir, by collusion with the substituted committee, and with intent to throw the support of the lunatic on the estate of plaintiff’s testator, had made a settlement whereby B received the remnant of the lunatic’s estate in full discharge of A’s liability ; that A had no personal estate now existing, but left land which the widow and children of A’s executor (now deceased) had inherited; that B had wasted the estate received by him, and he and his sureties were Insolvent; that B had commenced action against plaintiffs to require them to raise money for the support of the lunatic by a'n assessment on the heirs of their testator’s estate, as required by his will, which plaintiffs were willing to do if necessary, but that the lunatic’s estate, properly accounted for, was sufficient for his support; and that an action requiring an account of A’s and B’s administration of the lunatic’s estate would soon be barred by the statute of limitations — to which action B and the administrator de bonis non of A’s estate, the heirs of A and of his executor and son, were parties defendant.</p>