State v. Executors of Baskin
Court of Appeals of South Carolina
Tried before Mr. Justice O’Neall, Kershaw, Spring Term, 1846. The first case was an action of debt, on the official bond of the late Ordinary of Kershaw District. It appears, that a part of the personal estate of a deceased testator had been sold under the order of the Ordinary, and purchased by the executor at his own sale.
Read the full summary
Tried before Mr. Justice O’Neall, Kershaw, Spring Term, 1846. The first case was an action of debt, on the official bond of the late Ordinary of Kershaw District. It appears, that a part of the personal estate of a deceased testator had been sold under the order of the Ordinary, and purchased by the executor at his own sale. The executor paid the Ordinary the cash part of the purchase money, and gave a bond and security, with a mortgage of the property, lor the payment of the balance. When the bond fell due, he paid in like manner the entire amount. The executor, some time after, demanded…
1DissentWahdlaw, J.
The Ordinary should have taken a bond conditioned that the executor would account for the purchase money of the property bought by him. This bond would have been for the benefit of the persons entitled to have the account: without it the executor would have been liable to them, but it would have served to secure his accountability. The neglect to take the bond was an omission of duty for which the Ordinary was liable to the persons injured thereby; and upon his official bond his sureties are liable to the same extent as the Ordinary would have been for this omission. Now, who were injured by…
2Cases cited1 opinion
- In re the Contested Probate of the Will of CrugerNew York Surrogate's Court · 1901