45 S.C. 166 | S.C. | 1895
The opinion of the Court was delivered by
The defendant, Stacy F. Hall, was appointed guardian of the person and estate of her infant daughter, Sallie P. Hall, by the probate court of Daurens County, in October, 1874, and immediately thereafter took charge of her ward’s estate, consisting of a farm in Daurens County, and received the rents therefrom until 1890, when plaintiff married and took possession. The plaintiff became of age in 1891, and soon thereafter made demand on her guardian for a settlement of her estate, which being refused, she instituted this action for an accounting against said guardian, and John T. Chapman, one of the sureties on her bond, and the heirs at law of F. M. Davenport, the other surety, who died before this action was commenced. The case was heard by his Honor, Judge Witherspoon, on exceptions to the report of the master, whereupon he rendered a decree, which, together with the exceptions both on the part of the plaintiff and defendants, will be incorporated in the report of the case.
We will first consider the exception on the part of the plaintiff.
Exception 1. In considering this exception it may be well to refer to the statutory law of our State on this subject, which is as follows: “The judge of probate, on appointing a guardian to any estate, shall require him to enter into bond to himself and his successors in a penalty of double the amount of the estate, and shall have the same power as to relieving the sureties of a guardian which is given to him by section 2031, in the case of relieving the sureties of an administrator.” Rev. Stat., section 2170. “It shall be the duty of the judge of probate in whose office an administration bond is lodged, upon a petition filed by any of the
Exception 3. This exception was predicated on the fact that the testimony of A. W. Burnsides was inadmissible. The exception raising the question as to the admissibility of Burnsides’ testimony having been overruled, the third exception is also overruled.
Exception 6. The plaintiff’s attorneys abandoned this exception, and it will, therefore, not be considered.
We come now to a consideration of the defendants’ exceptions. The principles hereinbefore announced show that the questions raised by the first and second exceptions are immaterial, and need not be considered. We see no error
It is the judgment of this Court, that the judgment of the Circuit Qourt be affirmed.