OpenJurist › Volume 152 › S.C. › Page 328 152 S.C. 328
Whaley v. Jones Supreme Court of South Carolina · decided 1929-02-26
Good law ✅ — No negative treatment on record how we know
Decided 1929-02-26
How this case has been cited Cited by 15 later decisions (1 by the Supreme Court) — most recently August 1955
1 federal appellate · 1 district · 12 state decisions
12 0 1929 1930 1940 1950 decided Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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Mr. Justice Cothran
¶1
(concurring) : I concur upon the binding authority of the case of
Bank v. McNeal ,
148 S. C., 30 , 145 S. E., 549
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Case posture Posture Before SHIPP, J., Orangeburg, November, 1927. Reversed.Final accounting by Mrs. Annie S. Jones, as administratrix of the estate of John F. Sawyer, deceased, wherein objections were filed by Parnell Whaley, as administratrix of the estate of V.T. Whaley, deceased, and O.B. Riley, by reason of disallowance of claims presented against the estate. An order of the probate Judge disallowing the claims was sustained by the Circuit Court on appeal thereto, and claimants appeal.
Certiorari denied in 50 S.Ct., 16 , 74 L.Ed., ___.
The exceptions directed to be reported were as follows:
Due notice of intention to appeal to the Supreme Court was given by appellants.
The following are the Exceptions of Parnell Whaley, as administratrix of the estate of V.T. Whaley:
1. Because his Honor, the Circuit Judge, erred in holding that War Risk Insurance paid to the administratrix of
the estate of John F. Sawyer and now in her hands is not subject to the payment of his debts.
2. Because his Honor, the Circuit Judge, erred in not holding that the amount collected by the administratrix of the estate of John F. Sawyer, deceased, for Government Adjusted Compensation and from the War Risk Insurance, payable to his estate, became assets of his estate to be administered under the laws of the State of South Carolina.
3. Because his Honor, the Circuit Judge, erred in decreeing that the judgment of the Probate Court herein be affirmed, and he should have held that the claim filed by Parnell Whaley, as administratrix of the estate of V.T. Whaley, deceased, should be paid from the assets of the estate of John F. Sawyer, deceased, regardless of the source from which it came into the hands of his administratrix.
The following are the exceptions of the appellant, O. B. Riley:
1. That his Honor erred in holding that the assignment by the distributee, Thomas W. Sawyer, of his interest in the estate of his deceased brother, John Furman Sawyer, to O.B. Riley was void in so far as it affected the assets of the estate derived from life insurance and compensation paid to the administratrix of such estate by the U.S. Government, by virtue of the provisions of the World War Veterans' Act.
2. That his Honor erred in not holding that the instrument of writing executed by T.W. Sawyer, a distributee, in favor of O.B. Riley, constituted a valid and enforcible order on said administratrix to pay to him such funds in her hands as might become due and payable to the said T. W. Sawyer in the course of administration of said estate.
3. That his Honor erred in not holding under the facts before him, throughout his entire order or decree, that T. W. Sawyer was a distributee and heir-at-law, and in designating him as a distributee in part of his order and in other portions thereof designating him as a beneficiary, it being
respectfully submitted that said T.W. Sawyer occupies one and only one relation to the funds and to the estate of John F. Sawyer, and that is, an heir-at-law and distributee of the estate of his deceased brother, John F. Sawyer, and not that of beneficiary under the terms of the contract of insurance and the provisions of law and contract granting the soldier's compensation. Source: CourtListener
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