Legal Opinion

Devereux v. McCrady

Supreme Court of South Carolina

Decided March 11, 1896PublishedCited by 12 opinions

Before Buchanan, J., Charleston, August 26, 1895. Action by John H. Devereux against Edward McCrady and Thos. McGahan, as executors and trustees under the will of Wnr.

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Before Buchanan, J., Charleston, August 26, 1895. Action by John H. Devereux against Edward McCrady and Thos. McGahan, as executors and trustees under the will of Wnr. McBurney, for injunction and accounting, commenced April 16, 1894. All issues were referred to Master Sass, who, upon close of plaintiff’s testimony, made the following order: The plaintiff having closed his testimony, and defendants thereupon having moved to dismiss the complaint upon the testimony taken, on hearing counsel and consideration therereof: It is is ordered, that the motion be refused, the court being of the…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

William McBurney, a citizen of the city of Charleston, departed this life in December, 1893, leaving in full force and effect a last will, whereof he appointed Edward McCrady and Thomas R. McGahan executors. After his death, John H. Devereux, the appellant herein, filed a complaint against the executors of McBurney, for an injunction, accounting, and ascertainment of the balance outstanding between the estate of McBurney and the plaintiff, and for the return to plaintiff of certain securities held by McBurney.

The complaint sets out an…

2Cited by12 opinions

  1. Hanahan v. SimpsonSupreme Court of South Carolina · 1997
  2. Ex Parte JonesSupreme Court of South Carolina · 1931
  3. Price v. Middleton & RavenelSupreme Court of South Carolina · 1906
  4. Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1917
  5. Havird v. SchissellSupreme Court of South Carolina · 1969

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