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4 S.C. Eq. 463

Benson v. Bruce

Court of Appeals of South Carolina · decided 1814-06-15

This was a bill brought by complainant for a partition and account. The complainant, as stated by the bill, was the only child of Joshua Benson, deceased. Her mother had since intermarried with the defendant, John Bruce. The bill states, the defendants J. Bruce and wife to have had the management of the estate of Joshua Benson, ever since the death of the said Joshua.

Decided 1814-06-15

¶1This case came on, on four exceptions to the com-' missioncr’s report. The exceptions ai;e -overruled^ and the commissioner’s report sustained. Interest is allowed, because the administrator and administratrix kept the money of the intestate in his hands an unreasonable time.There was no necessity for their doing it, as the exigencies of the estate did not require it. The administrator and administratrix are charged with tho furniture» at the appraisement, as it appears that they kept it for their own use, in their own house, which was a tavern* having first* sold such parts of the furniture as did no&' •suit their purpose.

¶2They arc charged 65l. per annum for house rent by the commissioner. Some of the witnesses say it was-worth 70i. per annum j others $250.

¶3Commissions are not allowed to the administrator and administratrix, because they did not account annually with the ordinary, as they ought to have done.

¶4It is ordered and decreed, that the defendant do pay the sum reported to be due, by the commissioner j. and - that his report be confirmed.

¶5The costs to he paid out of tho estate,

¶6(Signed) Theodore Gaxlxard.

¶7The defendant John Bruce then moved the Court Appeals- tq reverse the decree of the presiding, judge, oh

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