Legal Opinion

Gaston v. Gaston

Supreme Court of South Carolina

Decided April 22, 1908No. 6891PublishedCited by 4 opinions

Before Dantzler, J., Spartanburg, December, 1906. Action in- Probate Court of Spartanburg County by L. Gaston, admr. of estate of T. P. Gaston, against V. R. Gas-ton et al. From Circuit decree modifying probate judgment, defendants appeal.

Read the full summary

Before Dantzler, J., Spartanburg, December, 1906. Action in- Probate Court of Spartanburg County by L. Gaston, admr. of estate of T. P. Gaston, against V. R. Gas-ton et al. From Circuit decree modifying probate judgment, defendants appeal. Mr. Boggs cites: Plaintiff cam, no Mr. Carry cites: Probate Court had,'no jurisdiction to determine claims against estate Mary A. Gaston: 6-5 S’. C., 308; 30 S. C., 273; 29 S. C, 360; 49 S. C., 505. Question may be raised at any time: 12 Ency. R &. R, 125, 188; 54 S. C., 545; 25 S, C., 385, 416; 74 S’. C., 440'. What promise arrests statute: 2 Strob., 348.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The original petition in this proceeding was filed in the probate court of Spartanburg County by L. Addie Gaston, as administratrix of the estate of T. P. Gaston, deceased, and in her own right, for tire sale of lands belonging to the said estate in aid of personal assets and for the distribution of the surplus according to the statute of distributions after payment of the costs of the action.

Thereafter, defendant,'M. A. Boggs, qualified before the court of probate of Spartanburg County as administrator of the estate of Mrs. Mary…

2Cases cited5 opinions

  1. Johnson v. JohnsonSupreme Court of South Carolina · 1887
  2. Bacot v. DeasSupreme Court of South Carolina · 1903
  3. Kirkpatrick v. GallagherSupreme Court of South Carolina · 1891
  4. Foggette v. GaffneySupreme Court of South Carolina · 1890
  5. Strain v. BabbSupreme Court of South Carolina · 1889

3Cited by4 opinions

  1. Frady v. IvesterSupreme Court of South Carolina · 1924
  2. Jones v. JonesSupreme Court of South Carolina · 1924
  3. Newman v. LemmonSupreme Court of South Carolina · 1929
  4. Smith v. Planters' Savings BankSupreme Court of South Carolina · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API