Stevenson v. Wilcox

Citations

• 16 S.C. 432
• 1882 S.C. LEXIS 15

Syllabus

<p>Pending application of a widow for administration on her intestate husband’s estate, and because of her illness, a petition was filed by A. for administration pendente lite, and upon his appointment he filed a bond with sureties, in which he was styled administrator pendente lite, but the condition of the bond called for a general administration. The widow took no further steps in the matter of her application, but A. acted as general administrator, and was so recognized by creditors, distributees, ordinary and court of equity, and by the court last named was decreed to pay a balance ascertained to be in his hands. In action afterwards brought by creditors against his sureties to recover such balance, Held, that A. was only administrator pendente lite, and that a general administrator was a necessary party to this action, and there being none such in office, a non-suit was properly granted.</p>