Legal Opinion

Stokes v. Stokes

Supreme Court of South Carolina

Decided January 22, 1902PublishedCited by 4 opinions

Before Buchanan, J., Colleton, May, 1901. Action by Jos. W. Stokes, Hattie A. Smith and Anna V. Stokes against A. E. Stokes, as administrator of estate of James R. Stokes. From Circuit decree the plaintiffs appeal. cites: Pacts here warrant presumption of payment of debts alleged due intestate: 1 Rich. Eq., 53; 4 Rich. Eq., 16; 10 Rich.

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Before Buchanan, J., Colleton, May, 1901. Action by Jos. W. Stokes, Hattie A. Smith and Anna V. Stokes against A. E. Stokes, as administrator of estate of James R. Stokes. From Circuit decree the plaintiffs appeal. cites: Pacts here warrant presumption of payment of debts alleged due intestate: 1 Rich. Eq., 53; 4 Rich. Eq., 16; 10 Rich. Eq., 301. But whether paid or not, they could not be charged to appellants: 16 S. C.; 218; 25 S. C., 204; 4 Myl. & Cr., 442; 1 Beav., 131; Williams on Exors., *1120. If not paid, debts are barred: 23 S. C., 461. cite: The administrator may retain the shares of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action by the plaintiffs against the defendant, as administrator of J. R. Stokes, deceased, to require him to pay to them an amount alleged to be due them as heirs at law of the defendant’s intestate. James R. Stokes died on the 30th of May' 1899, intestate, leaving as his heirs at law his widow and certain nephews and nieces, among whom are the plaintiffs', children of a predeceased brother, William E. Stokes, who died on the 17th April, 1895. Among the intestate’s papers were found three notes, dated in April, 1884,…

2Cited by4 opinions

  1. Rasor v. RasorSupreme Court of South Carolina · 1934
  2. Russell v. BullinerIllinois Supreme Court · 1938
  3. Kling v. GoodmanSupreme Court of Alabama · 1938
  4. Duncan v. WesterlundSupreme Court of South Carolina · 1918

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