Russell v. Russell
Supreme Court of South Carolina
Before Townsend, J., Greenwood. In the matter of the estate of Miss Mary Russell. Petition by E. PI. Russell and others for appointment of W. PI. Robinson as administrator, to which J. L. Russell and others filed objections. Judgment of Probate Court, granting petition, reversed by the Circuit Court, and the objectors appeal.
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Before Townsend, J., Greenwood. In the matter of the estate of Miss Mary Russell. Petition by E. PI. Russell and others for appointment of W. PI. Robinson as administrator, to which J. L. Russell and others filed objections. Judgment of Probate Court, granting petition, reversed by the Circuit Court, and the objectors appeal. Reversed. cite: Presumption of legitimacy. 101 S. C., 40; 2 McC., 227; 38 S. C., 49; 90 S. C., 246; 10 Rich., 70; 108 S. C„ 276; 74 S. C., 410; 7 C. J., 490, 945. cite: Proof of marriage: 5 S. C., 411; Rich. Eq. Cas., 85; 9 S. C, Eq., 109; 108 S. C., 276.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The appellants are the half brothers and a sister of Miss .Mary Russell, who died intestate on the 27th of September, 1920, and the respondents are her first cousins. L. H. Russell, one of the appellants, filed a petition in the Probate Court for Greenwood County, alleging that she left surviving her, as her heirs at law and distributees, the said appellants, and asking that W. H. Robinson be appointed the administrator of her estate. The respondents filed objection to the appointment, on the ground that they were the sole heirs…
2Cases cited8 opinions
- Davis v. WhitlockSupreme Court of South Carolina · 1911
- Young v. McNeillSupreme Court of South Carolina · 1907
- Powers v. SmithSupreme Court of South Carolina · 1908
- Corbett v. FogleSupreme Court of South Carolina · 1905
- Lewis v. PopeSupreme Court of South Carolina · 1910
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3Cited by2 opinions
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- Prater ex rel. Estate of Crouch v. HorvathSupreme Court of South Carolina · 1984