7 S.C. Eq. 435
Court of Appeals of South Carolina
Decided February 15, 1827
Court of Appeals of South Carolina · decided 1827-02-15
Elizabeth Butler, the defendants’ testator, on the 20th of May, 1765, executed her bond to Robert Brisbane for £3,000, payable on the 1st day of January, 1766, with William Elliott, and James Parsons complainant’s testator, as her sureties. Mrs. Butler the same day gave James Parsons a bond of indemnity against the risk of his suretyship, reciting- that William Elliott was also a surety. On the 21st of November, 1775, Elizabeth Butler made her will and soon after died.
Decided 1827-02-15
¶1The cause was taken to the court of appeals. That court confirmed the decree of the chancellor for the *reasons assigned by the chancellor, “and for the further reasons that the estate of Mrs. Butler is not properly represented,” the executor, not the legatees and devisees, being the proper representative.
¶2Decree affirmed.