Lanier v. Brunson

Citations

• 21 S.C. 41
• 1884 S.C. LEXIS 70

Syllabus

<p>1. A trustee who was appointed under the authority of a marriage settlement for the purpose, in part, of prosecuting certain claims held under the settlement, upon which claims judgments were afterwards obtained, is entitled to commissions on the amount received in compromise of such judgments, directly by the cestui que trust, but in the presence of the trustee and on their joint receipt.</p> <p>2. Where a marriage settlement vested in a trustee the legal title of choses in action, the statute of uses does not apply, and the trust continues until the trustee divests himself of the legal title ; and in whatever form he turns over the assets to his cestui que trust, he is entitled to his commissions.</p> <p>3. Where, in action by trustee and cestui que trust against others, judgment is rendered, in form, in favor of the latter, it is, in effect, in favor of both plaintiffs, and upon the money realized under such judgment the trustee is entitled to commissions.</p> <p>4. In this action against the defendant individually, she asserted as a counter-claim a note due to her as executrix. Held, that a demurrer to this counter-claim was properly sustained, there being no sufficient allegation of her qualification as executrix, and the claim and counter-claim being in different rights.</p> <p>5. There beiitg no proof that the defendant was the appointed or qualified executrix, the counter-claim could not be sustained.</p>