Nobles v. Hogg

Citations

• 36 S.C. 322
• 15 S.E. 359
• 1892 S.C. LEXIS 88

Syllabus

<p>1. Trustee — Discharge—Presumptions.—A trustee can be discharged from the trust after his acceptance only (1) by the consent of the cestui que trust; (2) by the provisions of the instrument creating the trust; or (3) by decree of a Court of Chancery. Lapse of time raises no presumption of discharge and affords no barrier to an accountability, especially whore the trustee has made no returns, and admits that he has made no payments for over thirty-five years.</p> <p>2. Iijid. — Ibid.—Ibid.—The lapse of twenty years raises a presumption of payment of interest due by a trustee to his cestui que trust, a life tenant, but such presumption is a presumption of fact and as such re-buttable, and was rebutted in this case by the sworn admission of the trustee at the trial.</p> <p>3. Ibid. — Limitation of Actions.- — In the absence of any showing that the trustee denied his liability to the cestui que trust for life for the interest annually due to her on the trust fund in his hands, or that she knew of any adverse claim thereto by him, the statute of limitations affords no defence to the trustee for the interest so due.</p> <p>4. Commission to take Testimony — Waiver.—Where a commission was read without objection at the trial, it is too late on appeal to raise the objection that the commissioners were not sworn.</p> <p>5. Husband and Wipe. — The rights of a cestui que trust who acquires her interests under the terms of a will are not affected by the improper removal from the State by her husband of chattels belonging to testator’s estate.</p> <p>6. Orders on Cale of Calendar. — The absence of an attorney from the court room, when the Circuit Judge confirmed in open court a report of the master, which merely made a statement of indebtedness in accordance with the directions of a decree previously rendered at the same term, furnishes no ground for exception.</p> <p>7. Trustee — Corpus.—Under a complaint by a cestui que trust for life against her trustee, seeking the payment