Wulbern & Co. v. Timmons

Citations

• 55 S.C. 456
• 33 S.E. 568
• 1899 S.C. LEXIS 127

Syllabus

<p>1. Administrators and Executors — Accounting.—-When an administrator overpays one creditor of his deceased, which overpayment is ascertained at the suit of another creditor, the amount so overpaid should not go to the suing creditor, but should be prorated among all.</p> <p>2. Trust — Parol Trust. — In order to establish a parol trust in money deposited in bank, it is only necessary to show that the trust funds were deposited by the trustee, and that that amount was there to his credit by reason of the fact that he had not withdrawn such deposit.</p>