Howard v. Quattlebaum

Citations

• 46 S.C. 95
• 24 S.E. 93
• 1896 S.C. LEXIS 44

Syllabus

<p>1. Will — Evidence.—The record of a certified copy of a will is the highest evidence thereof, when the original and the original record have been destroyed, and the executor having had this certified copy placed on record — ■ he afterwards making returns in the probate office as such executor, and the book in which the certified copy is recorded being generally accepted as containing the best evidence of wills destroyed by the fire of 1865.</p> <p>2. Exception. — An exception pointing out no specific error is too general for consideration.</p> <p>3. Evidence — Wills.—The testimony in this case, to establish the contents of a lost will and decree, was competent, because the best evidence thereof attainable.</p> <p>4. Accounting — Statute oe Limitations. — A trustee is liable to the remaindermen for the corpus of a life interest in his hands, and for the interest thereon, and the statute of limitations is not applicable to an action therefor, unless there is a declared defiance of the rights of the cestui que trust brought to their knowledge — approving Nobles v. Hogg, 36 S. 0., 322.</p>