15 S.C. 236 | S.C. | 1881
The opinion of the court was delivered by
This action was commenced in the Court of Probate for Laurens county, January 15th, 1879, was carried by appeal to the Court of Common Pleas, and comes to this court by appeal from the judgment rendered in that court.
About the year 1825 John Williams died intestate, and administration on his estate was granted to two of his sons, Charles Williams and Lemuel G. Williams. David Williams, Letty Williams and Clarissa Williams were also children of John Williams, deceased.
In May, 1826, Charles and Lemuel G., the administrators, filed their first return in the office of the Ordinary, in which, among other things, they charged themselves with the sum of $802.05, with interest from April 13th, 1825, as the share of David Williams, and on April 13th, 1827, the return filed by them on that day showed that the sum due David Williams was $845.50, with interest from April 13th, 1825. These returns showed also the amounts due Letty and Clarissa, and the latter showed certain payments made for Letty and Clarissa, but none for David.
Similar returns were made annually until April 14th, 1839, when a memorandum was made on the return that “ the different amounts charged to administrators is the whole of the capital, although, it is charged on every return.” After this the administrators returned only money paid out, and continued to make returns until April 14th, 1863, but no return shows any money paid out for David Williams. It appears that Charles Williams is dead, but the date of his death does not appear.
In 1876 David Williams died intestate, and Lemuel G. Williams administered on his estate, giving bond in the penal
After the death of Lemuel G. Williams, the defendants, John W. Little and L. R. Brooks, were appointed administrators de bonis non of David Williams.
The plaintiff in this case is an heir and distributee of David Williams. L. R. Brooks, one of the defendants, speaks of David as his uncle, and, besides this, there is nothing in the case to show how many other distributees there are, Letty and Clarissa Williams, if alive, being the only other two who are mentioned in the testimony.
There is nothing in the case before the court to show that David Williams had any estate except what appears to have been due to him as shown by the returns above referred to, or what estate, if any, Lemuel G. Williams left at his death, and there is no admission of assets by the defendants of either estate.
This action is brought by the plaintiff, Nancy A. Caldwell, one of the heirs and distributees of David Williams, against the defendants as administrators of David Williams, and the defendants are called on to show cause why that estate should not be settled up.
The petition charged that there was a small personal estate of David Williams, besides a considerable estate in the hands of ■ Lemuel G. Williams, deceased. L. R. Brooks, one of the de- ' fendants, denies that they received any estate of David Williams, and denies that David Williams had any estate in his lifetime in the hands of Lemuel G. Williams ; and John W. Little only denies that he has received assets of David Williams, and says nothing of Lemuel G.
The testimony shows that David Williams lived during his whole lifetime with Lemuel G. Williams, his brother, who was unmarried ; that David was of weak mind, but that he was able to do many things which were of service, and that, in fact, he
The judge of probate held “ that this action is affected neither by the statute of limitations nor by the presumption of payment arising from lapse of time, and that the administrators have in their hands $845.50, with interest from April 13th, 1825, due the estate of David Williams, for which they must account.”
On the hearing on the Circuit the presiding judge held that, “ in order to reach this conclusion, it is necessary first to fix the liability for said sum upon the estate of Lemuel G. Williams} next, it must appear that in due course of administration it was the duty of the executors of Lemuel G. to pay the said sum to-the administrators de bonis non of David Williams. These are questions which cannot be determined unless the executors of Lemuel G. Williams were parties, and were called upon to defend in that capacity. There were two administrators of John Williams. The admission on which the claim rests was the admission of both. Both are equally liable. Yet there is no representative of Charles Williams before the court. In the present state of the proceedings I do not see how it is possible to sustain the decree.” “ Shall the case be remanded in order that additional parties be made ? I do not think so. It is a stale claim.” The decree of the Probate Court was reversed and the-action dismissed, each party to pay his own costs.
The grounds of appeal bring up all the questions on which the rights of the plaintiff depend.
The plaintiff’s case is founded upon the constructive payment by the defendants as executors of Lemuel G. Williams to themselves as administrators of David Williams. If it had been established satisfactorily that Lemuel G. Williams at his death was indebted to David Williams or to his estate, and the defendants were the only representatives of both estates, we think that the claim would be well founded, and that it would be good law to hold that they had received in one capacity what they were bound to pay in another. This doctrine is founded on the
In this view of the case it would not be proper to consider and determine the other questions involving the merits. The proper parties are not before the court, and cannot be brought herein this proceeding. Nothing is concluded by this judgment except that this action cannot be maintained in its present shape.
It is, therefore, ordered and adjudged that the exceptions be overruled, and that the judgment of the Circuit Court be affirmed and the appeal dismissed.