Ex parte Moss v. Shelly

This is an action to compel the probate court to approve a wrongful death settlement without the imposition of an additional nonresident executor’s bond. The circuit court held that the proceeds from the wrongful death settlement were not to be included in computing the amount of the bond. We affirm.

Clara Elizabeth Goode, a resident of Beaufort County, died testate on September 24,1982. Charles Leighton Goode, a resident of Florida, was appointed executor of her estate after posting the bond required of nonresident executors. See S. C. Code Ann. § 21-13-310 (1976).

The executor later…