Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-09-18
Important to Executors, Trustees, &c.

The following order appears in the Will
mington papers. Though in its terms only
applicable to North Carolina, its principles
may be applied to this State also. Those
principles, if carried into practice, will upset
almost every settlement of.esta'es aud TRUST
funds, made during lhe late war, and in fact
as there can be no just distinction between
tiduciary and other TRANSACTIONS, in the ap.
plication of the maxim, that ap illegal consid.
ration vitiates the contract, a decision recog-
nizing the order as law, would be precedent
for avoiding all contracts, The Consideration
of which was Confederate money:
HEADoUAnr'Rs SECOND MILITARY DISTRICT, D
CHARLESTON. S. G., September 5. lSGI..5
Special Orders No. l44
EXTRACT.
w. Whereas, the General Assembly CT
North Carolina adopted an act entitled, an
act for the relief of executors, administrators"
&C., ratified March 7, 1867, whereby it was
enacted in SUBJ tanee.as follows: That cxecu
tors, administrators, guardians, shcriffs. con-
stables, coronerG, clerks of the Supreme and
County Courts, clerks and masters of the
Court of Equity, trustees and others holding
places Of a hduciary character, should not be
held liable for having received in payment of
debts the currency of the Confederate States,
or for having invested trust funds in their
hands in the securities of the said CoDfede-
rs.e States; that said guardians, trustees and
others should have authority to compromise
claims in their hands arising before May, 1865,
and declaring such compromise valid and bind
ing on all parties that in cases of contracts
wherein any person acting in fduciary ca
paci.y is concerned, and where deductions
should be claimed by reason of such contract
being founded on the Confederate or any
other deprecated security; sroh persons act
ing in q fiducary capacity to have authority
in conjunction with the party or parties therein
concerned to appoint arbitrators to assess in
gold value the property in reference to which
such contract was made at the time of max
ing the same, their award to be binding on,
all parties interested therein; and that exec
utors and administrators should have author.
ity 70 prefer any creditor or creditors of the
deceased persons whom they represented over
all other creditors of equal dignity, such pay.
mcnts tc have like force and effect and such
personal representative should in oil cases be
treated in law aud equity as though judgment
had been conferred in favour Of the preferred
creditor or creditors as heretofore allowed BY
law; and whereas: said act Of the General
Assembly of North Carolina is in violation Of
the Constitution Of the United States mas
much as it impairs tbe.obligation Of the con-
tract subsisting between persons acting in
6duciary capacities, and those for whom they
are empowered to act, and is in violation ol
the acts of CONGRESS passed from time to time,
prohibiting and declaring unlawful all acts in
aid Of the late rebellion; and whereas the
said acts are in violation of the rights Of mi
nors and others 1t is therefore ordered, that
the said acts Of the General Assembly above
recited be and are hereby in all things re-
yoked, annulled, and declared void and of 10
effect.
1t is further ordered that all .cts done or
suffered in virtue Of the authority attempted
to he couleEred upon trustees and others
standing in fduciary relations, are annulled
and declared void as to the rights and reme.
dies Of all persons affected or prejudiced
therebg.
1t is further ordered that all suits or pro
ceedings at law or in equity instituted for
the purpose Of the effect to the provisions Of
said act, or founded upon any right or au-
thority claimed to have been conferred by the
authority thereof, and all pleas, answers and
defences alleging any right or authority claim
ed to be derived as last aforesaid, be dismiss.
ed with costs to the party against " hom said
suits or proceedings shall have been brought.
All judgments, orders and DEGREES final
aud interlocutory, and so much and such
parts thereof as affirm or enforce any of the
provisions of said acts are revoked aud an
nulled, and declared of no effect, and the
courts wherein tie same are entered Or dock
eted are hereby required to dismiss the sane.
as to all matters relating 10 any right and
authority claimed under tue act Of legislation
aforesaid, with costs as above provided.
= 4
By command OF Major General D. E. SIcKLEs: !:
j. w. CLOUS,
Capt. 3Sth U. S. Infantry, "A: D. G. aud A.
A.A.G.
OFFICIALS: w. CLOUS,
Capt. 3Sth Infantry, A. D. c. and A. A. a. G.