Moultis v. Degen

I most emphatically disagree.

The critical issue is whether a cause of action in tort is a creditor’s claim within the meaning of the statute. In accord with our previous decisions, I would hold it is not.

In Wallace v. Timmons, 232 S. C. 311, 101 S. E. (2d) 844 (1958) this Court stated that S. C. Code Ann. § 19-474 (1956), now codified at § 21-15-640 (1976), refers to “claims of creditors, and relate(s) to debts of the testator payable from his estate.” (Emphasis added.) This creditor-debtor relationship was most recently recognized in Southern Coatings & Chemical Co., Inc. v. Belcher, 274 S.…