Legal Opinion

Cunningham v. Cauthen

Supreme Court of South Carolina

Decided September 17, 1892Published

Before Witherspoon, J., Lancaster, Action by William J. Cunningham and others, distributees of the estate of Joseph A. Cunningham, deceased, against Lewis J. Cauthen, administrator of Andrew J. Kibler, who had been administrator of the said Joseph A. Cunningham, commenced August 17, 1883. The Circuit decree, omitting its findings upon pure questions of fact affecting only items in the accounting, was as follows: All of the issues in the above entitled action were referred to…

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Before Witherspoon, J., Lancaster, Action by William J. Cunningham and others, distributees of the estate of Joseph A. Cunningham, deceased, against Lewis J. Cauthen, administrator of Andrew J. Kibler, who had been administrator of the said Joseph A. Cunningham, commenced August 17, 1883. The Circuit decree, omitting its findings upon pure questions of fact affecting only items in the accounting, was as follows: All of the issues in the above entitled action were referred to D. A. Williams, Esq., as special referee, who filed his report August 29, 1890. The cause was heard upon numerous…

1Opinion of the Court

The opinion of the court was delivered by

Me. Justice McGowan.

Joseph A. Cunningham died intestate, in December, 1865, seized and possessed of considerable real and personal estate, leaving surviving heirs and distributees as follows: Mary C., a daughter (who married Robert T. Dunlap, and died in 1868, leaving as her heirs her husband and one son, Joseph A. Dunlap, of whose person and estate his father, Robert T. Dunlap, is guardian), Rebecca, another daughter (who never married, but died in 1867, leaving her brothers and sisters as her heirs), Nannie C. (who intermarried with Leon C.…

2Cases cited4 opinions

  1. Bronson v. RodesSupreme Court of the United States · 1869
  2. Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
  3. Chesapeake Bank v. SwainCourt of Appeals of Maryland · 1868
  4. Killough v. AlfordTexas Supreme Court · 1870

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