Thames v. Rouse
Supreme Court of South Carolina
Before Memmingrr, J., Barnwell, December, 1907. Proceeding in the probate court of Barnwell county by James F. Thames and P. H. Mears against M. D. Rouse and others to establish the will of W. H. Mears. From Circuit decree reversing judgment of probate court, contestants appeal. Messrs. Howell & Gruber cite: Are the findings on circuit reviewable heref 3 S. C., 544; 2 DeS., 313, 342; 4 Rich. Eq., 48; 12 Rich.
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Before Memmingrr, J., Barnwell, December, 1907. Proceeding in the probate court of Barnwell county by James F. Thames and P. H. Mears against M. D. Rouse and others to establish the will of W. H. Mears. From Circuit decree reversing judgment of probate court, contestants appeal. Messrs. Howell & Gruber cite: Are the findings on circuit reviewable heref 3 S. C., 544; 2 DeS., 313, 342; 4 Rich. Eq., 48; 12 Rich. Eq., 203; 13 S. C., 37; 18 S. C., 198; 20 S. C., 471; 74 S. C., 191; 33 S. C., 54; 4 McC., 219; 35 S. C., 420; 74 S. C., 189. Burden of proof: 15 Ency. P. & P., 406; 23 Ency., 131; 2…
1Opinion of the Court
The opinion in this case was filed September 4th, but remittitur held up on petition for rehearing until
The opinion of the Court was de-
livered by
Mr. Justice Gary.
This case was commenced in the court of probate, where it was adjudged that the will in dispute was genuine and not a forgery.
There was an appeal to the Circuit Court, which sustained the will and dismissed the appeal, whereupon the defendants appealed to this Court.
While the exceptions are numerous, the appellants’ attorneys have grouped them under three heads, which present all the questions involved.
The first of these is: “That…
2Cited by7 opinions
- Weston v. MorganSupreme Court of South Carolina · 1931
- Mordecai v. CantySupreme Court of South Carolina · 1910
- Smith v. WhetstoneSupreme Court of South Carolina · 1946
- Meier v. KornahrensSupreme Court of South Carolina · 1920
- Goethe v. BrowningSupreme Court of South Carolina · 1928
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