Ex Parte Hilton
Supreme Court of South Carolina
Before Gage, J., Greenwood, 1901. Ex parte J. G. Hilton and Emma H. Moore,’ in re estate of Sarah C. Hilton. Prom Circuit - order affirming order of probate court, Emma H. Moore' appeals. cite: As to commissions: Rev. Stat., 2071. As to the question of disqualification of probate judge: Art. V., sec. 6, Rev. Stat., 2296; 24 Ency., 1 ed., 995, note; 51 S. C., 171; 43 S. C., 57; 2 Hesman on Estop, and Res Judicata, 954; 11 S. C., 319-
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This was a proceeding for the final settlement of the estate of Sarah C. Hilton, deceased. The appeal raises two questions: First. Was the appellant entitled to commissions ? Second. Did the appellant waive the right to interpose the objection that the probate judge was related to the parties within the prohibited degree? The facts are thus set forth in the decree of the probate judge:
“There was due to the estate one note for $800 by each of the legatees, bearing different rates of interest and for different times. It was agreed by the…
2Cited by11 opinions
- Carr v. DuhmeIndiana Supreme Court · 1906
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Butler v. Sea Pines Plantation Co.Court of Appeals of South Carolina · 1984
- Hyde v. LoganSupreme Court of South Carolina · 1919
- State Ex Rel. Krodel v. Gilkinson, JudgeIndiana Supreme Court · 1935
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