In Re Estate of Mears
Supreme Court of South Carolina
Before Watts, J., Hampton, March, 1906. Bx parte Jas. E. Thames and P. H. Mears, in estate of W. H. Mears. From Circuit decree, petitioners appeal.
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Before Watts, J., Hampton, March, 1906. Bx parte Jas. E. Thames and P. H. Mears, in estate of W. H. Mears. From Circuit decree, petitioners appeal. M. D. Rouse and J. W. Mears are respondents. cite: Appeal from probate court is only from final order: Code of Proc., 57; 17 S. C., 823; Freem. on Judg., 154. As to revoking letters of administration: 11 Ency., 826; Kene v. Pane, 13 and 14 Peters; 8 Cranch., 24; Teller on Exor., 121; 18 Cyc., 82. No direct proceeding necessary to cancel administration: 51 S. C., 171; 11 Rich., 517, 569; 20 S. C., 144; 19 S. C., 572. No argument furnished Reporter.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This case came up in the Circuit Court on appeal, first before Judge Aldrich, who thus states the facts: “William H. Mears, late of the County of Hampton, and State of South Carolina, died at his residence in said county on or about the 7th day of August, 1904, seized of a considerable estate, real and personal.
“The court of probate in and for the County of Hampton, after due and regular proceedings, with all the proper parties before it, on August 26th, 1904, adjudged and decreed that the said Wm. H. Mears died intestate, and duly…
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