Legal Opinion

Nance v. Nance

Supreme Court of South Carolina

Decided October 9, 1869PublishedCited by 1 opinion

Before JOHNSON, Ch., at Newberry, September, 1867. The decree of His Honor the Chancellor is as follows : JOHNSON, Ch. Drayton Nance, the father of the complainants, died on the 13th day of September, 1856, leaving of force his last will and testament, of which Frederick Nance and John A. Barks-dale were appointed executors, and under authority of which they have nearly administered the whole estate.

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Before JOHNSON, Ch., at Newberry, September, 1867. The decree of His Honor the Chancellor is as follows : JOHNSON, Ch. Drayton Nance, the father of the complainants, died on the 13th day of September, 1856, leaving of force his last will and testament, of which Frederick Nance and John A. Barks-dale were appointed executors, and under authority of which they have nearly administered the whole estate. In the sixth clause of the will the testator directs his executors to have suitable settlements made upon each of his daughters of all the property which he gives to them in the will, by the…

1Opinion of the Court

The opinion of the Court was delivered by

WillaRD, A. J.

The bills seek to charge the representatives of F. Nance, testamentary guardian of the complainants, with certain *217trust funds held by bim in that character. The representatives of F. Nance seek to discharge his estate by showing certain investments of that fund, claimed to have been properly and judiciously made, which have been lost, as is alleged, by casualties, not implicating the guardian in fault.

The decree establishes certain of these alleged investments, holding them to have been judicious, and disallows others.

The first, second…

2Cases cited1 opinion

  1. Thompson v. BrownNew York Court of Chancery · 1820

3Cited by1 opinion

  1. Poole v. BradhamSupreme Court of South Carolina · 1927

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