Ex Parte Small
Supreme Court of South Carolina
Before DantzlER, J., Lancaster, April, 1903. Ex parte E. A. Small, in re estate Samuel E. Usher. From Circuit decree, petitioner appeals. cite: As to finding of fact by probate court on appeal: 13 S. C., 37. As to discretion of probate court in refusing administration to party first entitled tmder statute: Rice, 287; 2 Strob., 335. Circuit Court Ms no jurisdiction to revoke letters of administration: 4 S. C., 44; 22 S. C., 42; 33 S. C., 442 ; 2 Strob., 335. Second citation…
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Before DantzlER, J., Lancaster, April, 1903. Ex parte E. A. Small, in re estate Samuel E. Usher. From Circuit decree, petitioner appeals. cite: As to finding of fact by probate court on appeal: 13 S. C., 37. As to discretion of probate court in refusing administration to party first entitled tmder statute: Rice, 287; 2 Strob., 335. Circuit Court Ms no jurisdiction to revoke letters of administration: 4 S. C., 44; 22 S. C., 42; 33 S. C., 442 ; 2 Strob., 335. Second citation sMuld Mve been publisMd: SchouleEs Exors. and Admr., 137; 11 Ency., 2 ed., 769. cite: Binding by Circuit Court will not…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice AVoods.
The appellant, Mrs. E. A: Small, applied to Charles D. Jones, Esq., judge of probate for Lancaster County, for letters of administration on the estate of her father, Samuel E. Usher. Eliza J. Usher, widow of Samuel E. Usher, answered the petition, setting up her right to the administration. After hearing much testimony as to the charge of the personal unfitness of Mrs. Usher for the office, and as to her alleged purpose of allowing one of the children to appropriate a considerable portion of the estate as his own property, the…
2Cited by15 opinions
- Matter of HowardSupreme Court of South Carolina · 1993
- In Re Estate of WeeksCourt of Appeals of South Carolina · 1997
- Morgan v. MorganMichigan Supreme Court · 1920
- Langill v. StewartWashington Supreme Court · 1921
- State Ex Rel. Lauridsen v. Superior Ct.Washington Supreme Court · 1934
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