Legal Opinion

Gary v. People's National Bank

Supreme Court of South Carolina

Decided April 21, 1887PublishedCited by 4 opinions

Before Witherspoon, J., Charleston, July, 1886. The opinion fully states the case. The Circuit decree was as follows: Upon the admitted facts in this controversy, the bank has no equity of its own to protect. It does not appear by the admitted facts that the estate of the deceased guardian is indebted to the wards of M. W. Gary above named.

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Before Witherspoon, J., Charleston, July, 1886. The opinion fully states the case. The Circuit decree was as follows: Upon the admitted facts in this controversy, the bank has no equity of its own to protect. It does not appear by the admitted facts that the estate of the deceased guardian is indebted to the wards of M. W. Gary above named. If the wards of M. W. Gary have any interest in the money deposited in bank, they have had ample time1 since the death of M. W. Gary to assert their right to the deposit, and have not seen fit to ask the aid of equity to enjoin the payment of the money…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

This was a controversy submitted without action under the provisions of the code. The facts, as agreed upon, are as follows : The late Martin W. Gary deposited in the People’s National Bank $8,861.65 to his credit as guardian, which deposit was in fact made by said Gary as guardian of N. George Evans, John Gary Evans, Barnard B. Evans, and Mary Evans. On April 9, 1881, M. W. Gary died, leaving a will of which the plaintiff is the duly qualified executor. On June 1, 1881, the plaintiff duly notified the bank of his qualification as…

2Cases cited2 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Crary v. . GoodmanNew York Court of Appeals · 1855

3Cited by4 opinions

  1. Wallace v. TimmonsSupreme Court of South Carolina · 1958
  2. Lockwood v. LockwoodSupreme Court of South Carolina · 1904
  3. Rear v. OlsonWisconsin Supreme Court · 1935
  4. Wallace v. TimmonsSupreme Court of South Carolina · 1958

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