The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-01-17
Statement OF Facts.

His Honor in his decree from folio 60 inclusive Of the
Brief gives statement of the facts exceps that he fails to note
that Mrs Law sold tract of thirteen more less off
the Stony Point place addition to the CALDWELL tract OF "
acres. 5ssY&ss.S
Points by L. w. Perrin in Behalf Of Q. G. Law.
His Honor erred in holding that $lS500 Of the funds
ceyed from the Trust of Mrs Dda Law were invested
Stony Point He says olio 68 That 200 OF the Trust
entered into purchase That c. c. Law claims to nave
vance a. 500 which leaves $500 the $1,000 unaccounted
and saws further that r Law had in his hands at the
money belonging to the Trust estate the
conclusive that that paid out of the Trust
Which is inference tom an inference There no s
tmonv showing that Mr. Law any trust funds in his hands
at the time the $500 paid The only evidence OF $500 being
paid at one time 18th January 1872 ol the trust
funds or such called trust funds were not received py h
until 18th April 1S73and subsequent Ath lS3three payments
only were made the plantation, 1890 on April 7S fol
on Is May a and $5 2 june 1874 Thus rendering
It improbable that $S7OO could have been paid out OF the
Not $3.50 as 1t is no Where suggested tat ue
part of trust estate.
We can account the $500 from the testimony stated
in the complaint o that the original Stony Point place con-
ned go that S % were I'VE M w o m
tract or less This would leave l3acres more or
second tract sold by Mrs Law Mr. Law in his testimony o ~
stated that he Mchee o 5 receipt was part OF the pur
chase This probably referred to the
land s admitted to have been od is probable that
the proceeds paid the Stony Point place. The
would then stand maintain 1t shou as oioWs slV OF
trust funds invested $500 advanced by Mr. Law ana $ re-
ceved from the property sold to NJ f. yors, as VIC Pooo
price of Stony Point
Again, his Honor states (fol 6S) the 1915 paid
to Joel Smith was certainly money belonging to the trust
estate He r Law attempts is true to show now TINS
money becmehs money, the explanation Is
Mr. Law lin foos 36 accounts what became ofa the money
which into his hands, and his explanations were
by the Trustee and passed by the Court.
Rv an examination of the settlement by Mr. Law oos 81 35
and S which was introduced by Plaintiff fol ~ it will be seen
that Mr. Law administrator OF the estate OF M
ceyed from the sale of two lots and the Phillips note ana
that he maid s4 more than received These two lots were
part of Gbsons estate and were paid for by Mr. her
with funds of the estate o 4a ana were suoe
oueuty sold by him General Evans from which sale ana
settlement of the Phillips note he received $780, for which he
accounts foios IS and 36 showing that s4 only were
paid to Trustee of Mrs. Laws estate as Is shown also oy the
Trustees receipt @ Az and that nothing OF the trs uno w
left In his hands and consequently that nothing could have ee
invested in the plantation part of the trust estate peond tne
$1,000, admitted to have been so invested
His Honor erred in reducing Mr. Law from $500
to $3l75-
The written obligation of Mrs Law executed nearly neen
ago. acknowledges the debt to be $780, and there no
mony whatsoever attacking the correctness of this clalm what
else may doubt suggested in the testimony as 20 s
debt and as we have above that the Trustee OF Mrs.
Laws reepd for dollar OF trust iunds "hicn came
into Mrs. Laws han the 1875 deducted by his Honor could not
have been trust funds.
His Honor erred in not charging Its pro rata OF the trust
funds invested the Stony Point place upon the acres convey
ed to Mrs Caldwell. -.
The evidence shows $1,000 the trust funds were part OF
the 5000 paid the Stony Point place 1t was pot shown hat
was applied the purchase of any part OF the place 80 hat
the extent the pro rata of the $1,000 invested the acres
could have been charged with the payment of the though
strangers who de purchasers might be Mrs.
Caldwell or her children having received the and e "hch
was purchased part with trust funds to be derived from e
remaining portion of land They have already received
Dr the trust funds the II cut off from the Stony Point
place and cannot hold this and demand their entire ha OF e
rust finds invested in the II But shows account or the
t funds invested in the II acres and exhonorae the
naming part for the benefit of the conditon OF MIS-
Law to that extent Mrs Caldwell paid nothing for her and
was voluntary deed and the nequy oaloWng her 70 throw
he burden off of her tract subject another tract which
lone s accessbet to other creditors to the payment of the
umbrance which partly incurred in the purchase OF her
ract and in which she has half interest, is clear,