Legal Opinion

McElveen v. King

Supreme Court of South Carolina

Decided April 8, 1911No. 7853PublishedCited by 4 opinions

Before SeasE, J., Sumter, December, 1909. Action by R. E. McElveen, administrator, against C. E. King. Erom Circuit decree, defendant appeals. cites: After declarations are not admissible: Rice Eq. 174; 9 Rich. 53; 43 S. C. 380; Harp. 376; 1 Bail. 113; 22 S. C. 360; 38 S. C. 355; 1 Hill Ch. 10; 4 Rich. 433; 7 Rich. Eq. 18; 34 S. C. 333. Conditions or restrictions to a gift must be made at time: 2 McC. Ch. 133; 34 Bail.Eq. 144. Presumptions from relationship: 10 Rich.

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Before SeasE, J., Sumter, December, 1909. Action by R. E. McElveen, administrator, against C. E. King. Erom Circuit decree, defendant appeals. cites: After declarations are not admissible: Rice Eq. 174; 9 Rich. 53; 43 S. C. 380; Harp. 376; 1 Bail. 113; 22 S. C. 360; 38 S. C. 355; 1 Hill Ch. 10; 4 Rich. 433; 7 Rich. Eq. 18; 34 S. C. 333. Conditions or restrictions to a gift must be made at time: 2 McC. Ch. 133; 34 Bail.Eq. 144. Presumptions from relationship: 10 Rich. Eq. 134; 1 Strob. L. 553; 3 S. C. 136; 6 S. C. 316; 34 S. C. 383; 48 S. C. 469; 17 S. C. 569; 18 S. C. 607; 14 S. C. 569; 9…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

This action is by the administrator of Mrs. Eunice O. King, who died intestate on August 1,1906, against C. E. King, husband of the deceased, to recover certain money alleged to belong to the estate but in the hands of defendant as agent of his said wife. The complaint demanded an accounting of the defendant for all the funds of the estate in his hands.

Upon the report of the testimony by the master the cause was heard by Judge Sease, who made decree that plaintiff recover of defendant six thousand one hundred and eight and…

2Cases cited4 opinions

  1. Norris v. ClinkscalesSupreme Court of South Carolina · 1896
  2. Way v. Union Central Life Ins.Supreme Court of South Carolina · 1901
  3. Martin v. FowlerSupreme Court of South Carolina · 1897
  4. Bennett v. CookSupreme Court of South Carolina · 1888

3Cited by4 opinions

  1. Fender v. FoustMontana Supreme Court · 1928
  2. Bates v. BatesSupreme Court of South Carolina · 1948
  3. Pinkerton v. CarnaggioCourt of Appeals of South Carolina · 1992
  4. Aiken v. WelchSupreme Court of South Carolina · 1944

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