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4 S.C.L. 459

Ex parte Dauthereau

Supreme Court of South Carolina

Decided January 15, 1811

Supreme Court of South Carolina · decided 1811-01-15

■ Motion to reverse a decision of Bay, J., in' Charleston district. The case was this: The prince of Luxembourg died intestate in Switzerland in the year 1790, being indebted to sundry creditors, particularly the French Republic, for the ship sold to Commodore Gillon ; and his heirs renounced all claim to his estate in favor of his creditors. The State of South Carolina was indebted to his estate, in virtue of the contract made with Gillon.

Decided 1811-01-15

Nott, J.,

¶1declared the opinion of the whole court, that the decision was correct; A. A. 1787. The Ordinaries in a case like the present, have concurrent jurisdiction. It is so-declared by a former act of assembly. The granting administration by any one, concludes the other. As to the right of revocation, in was pro. perly exercised in the first instance, and the second grant of administration was legal and proper. No ground has been shewn why the last grant should be repealed.

¶2Motion rejected.

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