Johnson v. Henagan

Citations

• 11 S.C. 93
• 1878 S.C. LEXIS 46

Syllabus

<p>1. An executor held, not liable for having sold in Í863, for confederate-money, cotton raised by him on the plantation of testator; the will having directed the executor to pay the debts out of the crops to be raised.</p> <p>2. Conclusions of fact drawn by a referee from the conflicting evidence of ' witnesses examined before him and not overborne by any clear weight of' undisputed testimony, nor unfounded in the evidence, sustained.</p> <p>3. The principles declared upon jvhich an executor’s accounts should be . stated, in a case where some of the beneficiaries had become entitled to a part of the personalty immediately upon testatorls death, and to another part at a subsequent date, and others were devisees of land, upon which the executors were to make crops as a primary fund for the payment of debts, the personalty being next liable, and the land having been sold to pay debts.</p> <p>4. A purchase by an executor of slaves, a brood mare and other property for the estate, disallowed.</p> <p>5. An executor charged by the will with the duty of making crops on testator’s plantations, is not entitled to a credit on his accounts for a suit of clothes bought for himself.</p> <p>6. The payment of a counsel fee not supported by facts sufficient to enable-the court to judge of its necessity and propriety, disallowed.</p> <p>7. Accounts rendered by parties dealing with an executor are not, in themselves, proofs of disbursements; nor are entries in mercantile books, without further testimony, proof of payments, to laborers, or that such payments covered advances for the production of crops.</p> <p>8. Amounts paid for the purchase of articles should not be credited on an executor’s accounts, unless proven to have been proper for the protection of the personal estate, or necessarily incurred in carrying out the directions of the will.</p> <p>9. An executor who pays out of his testator’s assets a debt due by a legatee, can look only to the distributive share of such legatee