Quick v. Campbell

Citations

• 44 S.C. 386
• 22 S.E. 479
• 1895 S.C. LEXIS 97

Syllabus

<p>1. Executor — Party by Revivad — -Case Criticised.' — A defendant to the cause having died after testimony taken by the referee, the executor of the deceased, against whom the action was continued, and who filed his answer, is bound by a report of the referee afterwards made on such testimony and by the judgment of the court confirming such report. Dunham v. Ca.rson, 42 S. C., 383, approved.</p> <p>2. Ibid. — Ibid.—Actions.—The statutory prohibition of actions against an executor, until the expiration of twelve months after the probate of the will, has no application to actions pending against testator at the time of his death and revived against his executor as a substituted party.</p> <p>3. Exceptions — Appear Record. — A fact found by the Circuit Judge will not be reviewed on appeal where the “Case” does not furnish the testimony upon which the finding was based.</p> <p>4. Issues — Preñe Adhinistravit not being pleaded, the decree against an executor should not be subject to such a plea.</p> <p>5. Administrator — Discharge.—A discharge granted by decree of the Probate Court to an administrator, after proper advertisement and a full accounting, releases the administrator, after the lapse of six years, from further accountability to all persons, except a “distributee, legatee, cestui que trust, ward, or lunatic,” who was not made a party.</p>