South Carolina Department of Mental Health v. Glass ex rel. Estate of Glass

(dissenting) :

My disagreement with the majority opinion is based solely on the interpretation of Strickland v. Chaplin, 199 S. C. 203, 18 S. E. (2d) 736 (1942).

As I interpret Section 19-SS4 and the Strickland decision, it appears that eighteenth and very early nineteenth century case law required addition of the administration period to the statute of limitations in order to realize the full legislative directive for the statute of limitations period. Apparently, the *99rationale was that Section 19-554 did not allow the institution of an action and therefore the limitations period was being…