Legal Opinion

In re Malone's Estate

Supreme Court of South Carolina

Decided September 20, 1884PublishedCited by 4 opinions

Before 'Witherspoon, J., Charleston, November, 1883. These appeals were brought to this Court under the titles of: “In the matter of notification by George D. Bryan, Esq., deputy escheator for the City Council of Charleston; ex parte G. L. Buist, administrator, v. G-. D. Bryan, deputy escheator, et al.; ex parte Lemuel Malone, et al., v. Gr. D. Bryan, deputy escheator, et al.; ex parte Gr. L. Buist, administrator, et al., v.Gr. D. Bryan, deputy escheator.”

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Before 'Witherspoon, J., Charleston, November, 1883. These appeals were brought to this Court under the titles of: “In the matter of notification by George D. Bryan, Esq., deputy escheator for the City Council of Charleston; ex parte G. L. Buist, administrator, v. G-. D. Bryan, deputy escheator, et al.; ex parte Lemuel Malone, et al., v. Gr. D. Bryan, deputy escheator, et al.; ex parte Gr. L. Buist, administrator, et al., v.Gr. D. Bryan, deputy escheator.” The opinion fully states the cases. Upon the motion of Buist, administrator, to set aside all of the proceedings as “unconstitutional,…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

These three appeals, under the titles above stated, all grow out of proceedings instituted by Geo. D. Bryan, as deputy escheator for the City Council of Charleston, for the purpose of having certain real estate of the late Thomas W. Malone declared to be escheated and vested in said City Council for the benefit of the Orphan House of Charleston, upon the ground that he died leaving no person who can lawfully claim the same either by purchase or descent.

The facts out of which the questions to be determined arise are *442substantially as…

2Cases cited3 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  3. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815

3Cited by4 opinions

  1. Abrams v. TempletonCourt of Appeals of South Carolina · 1995
  2. In Re Apostolopoulos' EstateUtah Supreme Court · 1926
  3. Schumacher v. ChapinSupreme Court of South Carolina · 1955
  4. Sossamon v. GREATER GAFFNEY MET. UTILITIES AREASupreme Court of South Carolina · 1960

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