The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-07-10
THE LAW AS TT IS.
THE MAsTER'R DECISION IS CONQUERED
IN AND UPHEED.
Judge HuilsOn.s Decision in a Noted
Case-The Defendant, Mrs. Ann j.
HeutIerson Sustained Oh all Points.

Judge Hudson's Decision in a Noted
Case-The Defendant. Mrs. Ann j.
Henderson. Sustained on all Points.
THE STATE OF SOUTH CAROLINA, In Court Of
GREENVILLE COUNTY. Comm Pfs
Lucy A. Ware. Richard Watson and Samuel
Nj. Watson, Plaintiffs,
against
Ann ]. Henderson as aGminstratrlx, with
the will annexed, and legatee Of +. s. IT.
vine, deceased, Defendant.
In 1862 E. S. Irvine. the defendant testntor,
was appointed by the Court OF Equity for
Abbeville District. receiver of the estate Of
Richard Watson, deceased, the father OF the
plaintiffs, and gave bond and entered upon
The discharge of his duties rms appoint-
ment was made In a cause wherein the plain
tiff, Lucy A. Ware, then Watson, by her next
friend. was then complainant and the other
plaintiffs here, with others, were defendants
In 1871 Lucy A. Ware filed n petition en- re,
the original cause asking that the original
order for sale 10 partition should be revived J
praying that the lands of the estate OF her
father should be sold for partition, and unaer
this petition an order was made by Judge
Orr directing the receiver to sell the lands on
salesday in December, 1871, for one-third cash,
balance In three equal annual linstalments,
and directing that the receiver shoula give
bond for the proper disbursement or tne
purchase money. Under this order, on De-
cember 4th, 1871, the receiuer sold one or the
tracts of land to Willis Smith for SolA. VI
thirds instead OF one.third, and took bond
of S, AIS, TO be paid In three equal annual pay
ments. On this bond was endorsed; on the
day Of sale, a receipt for sS4lG, whiGh .cl was
erased and one for $l,70S substituted. The re-
ceiver made his returns In the Court or FRO
bate for Abbeville County, and IN the return
for 1871 charged himself with Sl.1OS 'cash re-
ceived on land bond Of Willis Smith" +; ;.
Irvine died on August 18th, 1872, leaving his
last will and testament duly executed and
thereby made the defendant his sole residuary
devisee and legntee, and leaving q sinall
amount OF personal property and consider
able estate in realty. This will was duly ad-
mitted TO probatein the Court OF proSaJe 0e1 LOT
Greenville County, on August 18th, 1877 and
by said court letters Of administration, win
September 18th, 1872.
On the 2lst day Of October, 1872, the defen-
dant, as Administrative, cum testdnlento an
for Greenville praying that the real estate OF
the testator should be sold, In aid OF the per-
sonal assets, for the payment OF oeots ana LOT
other purposes. Under this petition an order
estate on salesday In December, 1872, and call
ing in creditors The land was sold on that
day and the defendant purchased the greater
part of it, took deeds from the Sheriff and ls
sion of a part Of the same purchased by her.
all OF the debts proved In said case having
been paid and she receipting for the balance
of the proceeds of sale: Under the 3rder r.; CAL y
P. Jones, styling himself attorney for these
plaintiffs, on October q, 1878, to the effect that
these plaintiffs held an unsettled claim or
claims against the estate OF +. 5. irvine, aho
reciting that he had been the guardian OF the
plaintiffs.
ngs Bank OF Columbia was appointed oy tne
the plaintiffs, Richard and Samuel, under
petition in the hand writing OF the said +. +.
Jones, and signed by them in their own hand
writing, which petition stated that Z. >, IT.
vine had been their guardian.
ON January 18th, 1874, an accounting was had
In the Court Of Probate for Abbeville County
by the defendant as admin1stratrlX, Ior tne
actings and doings OF her testator and recelV-
er. Al this accounting Col. p. P. Jones was
present representing the children OF Richard
Watson" as stated in the record OF sald ac.
counting. This accounting showed tnat Lucy ,f;S
estate of her father, and that the estate OF f.
S, Irvine was indebted to Richard anu Samuel
respectively in the amounts aScertalned. Inc
parties at this settlement had before tnem the
books of Col. Jones and his papers. On June
18th, 1874, receipt In the handwriting Oh COL
Jones, and signed by Richard Watson. was
given to the defendant for 81 600, "to be credit
ed on decree in favor Of myself IN NJ pro9ate o3ate
Of South Carolina" On December 18th, 1874,
receipt was given by E. P. Jones, attorney;
for Sl0O "to be credited on claim of Kichard
Watson receipted for $500, and on February
sth. ISIS, receipt in handwriting Of Z. P.
Jones, and signed by Richard watson was was
given to defendant las administratrlT. win
the will annexed, by Col. E. s. Irvine, deceas-
ed" for S4i5 balance in full of the decree IN
"the office OF Judge of Probate for the County
"of Abbeyille. against her In favor OF hicharo
On June 18th, 1874, the Union Savings
Bank, under It's petition in the handwriting
of E. p. Jones, styled therein attorney for
petitioner" was finally discharged o. oy ,,a tne
On March nth, 1875, Samuel NJ. Watson
fled his petition in the Probate Court ior
Greenvile County IN the rhaas q bower % G
should be appointed his guardian In the stead
of the Union Savings Bank, and such ap-
pointment was made. Afterwards the de-
iendant paid II. c. Cover, as guardian OF sam
the accounting of January 18th. 1871, OF when
500 was paid Nov. II, 1875, $3.50 Dec: 4th, 1875
$3.50 Dec. l4th. 1S75 81 600 Dec y. 1873, ana tle
II, 1876, Samuel NJ, claiming TO be then OF age
received from Cover 81 ,6O3.70, and was after
wards paid in full by him. At the pas ments
of March lst. 1876, and March II. iSIo, r. +,
Jones was present and in consultation with
samuel NJ. and acting for him. On the back
OF u receipt given by Col. Jones TO Mrs. Hen,
derson March |, 1876 Is endorsed ana signed
by him as attorney as follows; rive aoiiaps inas
"cost paid by me to Julius G. Smith, express
.agent, as freight and charges of Probate
"Judge OF Abbeville for judgment ne ana exeeu- ~
Zion In case OF Samuel M. Watson VS.. Mrs.
"Ann j. Irvine administrative"
Samuel M, Watson, the youngest OF the
plaintiffs, became Of age Oh March lltn, ion.
Thomas P. Cover was finally discharged as
filed an affidavit that he was OF age on March
llth, 1876. On May 28th. 1877, the defendant
was regularly discharged by the Probate Court
Of Greenvile County from all further ii account
| I;,Dfr oil iiS r0 T. -
+. S. Irvine, for several years PRIOR anu up
to his DEATH made his returns both rs recelV-
er Of the estate OF Richard WATSON ana as
guardian of these plaintiffs to the Proonte
Court of Abbevllle County, as shown ny the
records of that Court, but there Is no record
in evidence showing his appointments such
This action was commenced on the 24tn day
of August, 1883, afterwards, March lOlh, leSo
the complaint was amended, anu by u the
plaintiffs seek to open the settlement OF Jan.
81 7OS, the cash portion of the sale of the land
to Willis Smith, alleging that the same mas
never been accounted for, ana that tnis lact
was not discovered by them until within -FOUR
years before the commencement OF the action;
The prayer OF the complaint is that the SAID
pretended settlement may be adjudged null
"and void and be disregarded, and that the
"said Mrs. Ann J; Henderson may oe aecTeea saa
Ito account I'm full for the actings and dolDgs
"ofthe said f. S. Irvine as receiver as afore-
"said and that plaintiffs may have leave 70
"enter Judgment against the deiendant as ao.
"ministrator and legatee for the sum that
'may found to be due them upon such &C
.scounting, and for such other and further re-
lief as in the premises may seem just and
proper, and for the costs and disbursements
| ''of this action"
The only allegation Of the complaint charg-
ing defendant with assets descended is as ior
lows: "That the said Mrs Ann j. Irvine was
"named sole residuary legatee and devisee In
ssthe said will, and as such received large
"sums OF money and much property from the
'scslate of Z. =. Irvine"