Ex parte Crafts

Citations

• 28 S.C. 281
• 5 S.E. 718
• 1888 S.C. LEXIS 50

Syllabus

<p>1. Where kindred and creditors of the deceased fail to apply for letters of administration, the probate judge may properly grant letters to any person applying; and after letters have been so granted they may not be revoked without an application for that purpose to which the administrator has been made a party.</p> <p>2. A petition for letters of administration, in which no mention is made of a former grant of letters, and no service made upon the incumbent, cannot be regarded as a proceeding to revoke the former letters; and the incumbent is not made a party to such proceeding by the usual published citation to kindred and creditors, nor by his filing a caveat and protest against the second grant.</p> <p>3. Query. Where letters have been granted to a stranger, should they be revoked merely because the heir or next of kin subsequently applies for a revocation and new grant of letters ?</p>