The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-11-27

and the deceased party by which they claim 8
| partnership resulted, no evidence of such part
nership appearing upon the books of the firm.
q. Where the conflict in The testimony ia cIeaI
and the court cannot upon review of the evidence
! say tnat the findings OF master and referee
are wrong they must be sustained. In case OF
simple conflict the court cannot direct the find
ing to he for one party rather than the other
| Z. An executor is entitled to credit for sums
paid an attorney for legal advice when the
charges are reasonable and proper in amount.
8. The executor in possession of the real estate
OF the deceased, when the rents thereof are neces
sary the satisfaction of the debts is personally
accountable to the creditors for the rental value
thereof when the circumstances OF the case dis
close failure 10 realize rents and neglect to ex-
ercise the diligence and business activity re-
| quired at his hands in the management OF the
property.
9. The executor collects money of the estate
and permits it to remain in bank uninyested Ii
not being afirmatively shown that no good Sc
| curity could he found onAwhicfI tn pull il out
al interest, the executor failing to pay it into
court. is chargeable with it under the statute as
money retained on interest by him, and il should
| enter into his annual returns as money so re-
| tanned, interest being added to the principal an
! nually.
10. Where the executor fails To fie an inven-
tory OF the personal property o! the estate, neg
lects to make his annual returns, and fails gener-
ally to discharge his duty, he not only forfets
his commissions hut is also properly denied any
| compensation for general services
IL. The subject of an exception to the report
ot a master and the finding of n referee is par
J ticular account which the master has stated from
| the books. The exception is Overrnled bv the
referee, he finding upon comparison of the
account with the books from which it is taken
that it is correctly stated This court must, un-
der these circumstances. presume the account to
be correctly stated, the books not being before
! us.
IL. 1t is too late to urge here exceptions to &C
counts which the referee finds were admitted by
the party when before the master, the record dis
closing that the accounts went before the master
| without objection.
Decree reversed and cause remanded, with in
structiOns to reform the decree in the respects
! indicated.
H. Bisbee, Jr, lor Enpinger, Russell X Co.
John E. Hartridge and w. B. Young, for Cane
pa, Executor
Marion H. SandersOn and Mary A =. Sanderson
by her next friend, Robert Harrison, Appel
lants, vs. Edward NJ. l. Englc and Theodore
! liartrdge. Administrators of the estate OF
John Z. SandersOn, deceased, Respondents
and Edward NJ I.'Englc and Theodore Har-
| fridge, Administrators Of the estate Of John p
Sanderson, deceased, Appellants, VS. Marion
H. Sanderson aud Mary A. S. Sanderson, by
her next friend Robert Harrison, Respond
ents--Duval county
WEsrCoTT, j..
|. 1t is too late upon second appeal after
hearing upon a former appeal and remanding
the case, to object that an original protest of a
note and certificate of Notary are NOT evidence
of The facts which they narrate no such obec-
ton having been made and insisted upon at the
| time of their introduction in evidence
:. Where the lndOrscr Of Il prOmissory note re-
sides in different place from the point at which
| it is payable, notice of the default of the maker
must be deposited in the post office in time to be
| sent by the mail OF the day succeeding the daV
OF the dishOnOr OF the note, provided the mail OF
| that day he not closed at an unreasOnably early
| hour or before early and convenient business
hours, in which case il must he sent by the next
mail thereafter. Where the notice is not mailed
until the second day after the dishonor Of the
note, and no circumstance which would extend
the time is shown, it is not sufficient to bind the
| indorser.
3. If there has not been any due presentment
and notice of dishOnor Of note, and the in
dorser, after the maturity OF the note supposing
himself liable TO pay it. takes security therefor
| from the maker that will not alone amount to II
waiver of the objection of the want of due pre-
sentiment and due notice. The presumption
there is that he takes the security merely as con-
tingent security in case of his liability, but if the
| evidence is OF such character as to show an ad-
mission of unconditional liability, and that evil
afterwards became the administrator of the in
dorser and other circumstances, the amount Of
| the claim so paid by the administrator should not
be charged against him as denastarH.
4. An administrator, under the statute, is a
competent witness to declarations and admis-
sons of the deceased ntestate as TO claims ag ains
him.
.. One OF two partners, as attorneys at law
has right to share in sums realized by the other
as commissions for sales of stock in railroad
company where such sales are embraced in the
ordinary usages and customs of the business of
an attorney at law in the locality where il was
| carried on.
6. Where an administrator pays tax to
which the estate is subject, he is not to be
| charged as for derastdrn on the ground that
| there may be some technical defect in the entry
| Of the assessment or otherwise Where there is
| an unauthorized investment Of funds of the es-
! tate by the administrator, the equitable title of
the distrbuee and the legal title OF the admins
traitor continues until the rejection Of the invest
ment by the distributee, and such investments
are subject to taxation as the property of the es-
tate until rejected.
g Where the administrator was the partner of
the deceased intestate and has in his possession.
as such surviving partner, funds collected as at
| torney which are claimed by Others but in
which he thinks the intestate had rights, and he
! is in doubt as to the party entitled, and the
! party on whose account the collection was made
VIII tot iussiuCt niul now 10 apply tnP money, II
| is proper for him to file q bill of interpleader
and when he produces the money and pays it
into court under an order of court subject to the
| litigation, he is not chargeable with the sum un-
til 1t is received, or may be obtained by him from
the court, in the event the estate ia held entitled
| to it.
s. Exceptions to a masters report, taken after
the entry of an appeal from the order made by
the court upon the report, cannot be heard
O. The person subsequently appointed admin
istrator Of the deceased intestate finds consider
able cash deposit in hank to the credit of the
deceased. He makes contract with the bank
| by which the estate was to receive interest
| thereon. He is properly chargeable with the
sums, principal and interest, which he received
under the contract.
10. The amount fixed by the chancellor fol
compensation to All administrator for his services
| after evidence and hearing will not be disturbed
in a case where this court can see no error in the
sum allowed An additional annual allowance
for services, however, cannot be made.
H. That an administrator has made invest
ments not authorized bv the statute is no GROUND
upon which to deny him compensation for hi.
general services in case where there Is no los
to the estate by such investments and the ad
miuistratOr settles In accordance with the Law
controlling the matter Of unauthorized invest
| ments
12. The forfeiture incident to a simple failure
of an administrator to file his returns and have
them allowed and approved as required by Law
extends only to his commissions on amount
collected or disbursed If the annual account q
an administrator is placed in the hands of the
Judge Of the County Court at the time required
by law, his failure 10 place file mark on it doe
not result in loss of commissions by the admin
istrator The Judge Of the County Court shoul,
| he nd GloA NH he