Ex parte White

Citations

• 38 S.C. 41
• 16 S.E. 286
• 1892 S.C. LEXIS 220

Syllabus

<p>1. Probate Court — Revoking Letters. — The Court of Probate, though of limited jurisdiction, is a court of record, and not an inferior court, as to matters clearly within its jurisdiction. Therefore, its grant of administration may be vacated only by a direct proceeding.</p> <p>2. Ibid. — Ibid.—Where letters of administration have been granted by the Probate Court on proper application and notice, and without objection, and there is no appeal from this determination, petitioner, claiming to bo the child of intestate, and first entitled in the order prescribed by statute, but having had actual notice of the prior proceeding, is not entitled to demand a revocation of the prior grant and a new grant to herself.</p> <p>3. Ibid. — Ibid.—Appeal.—While a probate judge may revoke letters of administration which he conceives to have been mistakenly granted, a higher court cannot, on appeal, reverse his order refusing to revoke his prior grant.</p> <p>4. Ibid. — Ibid..—-Ibid.—Where the probate judge finds that his grant of letters was made with the knowledge and approval of a subsequent contestant, and that there was no fraud, and these findings are not disturbed by the Circuit Judge on appeal, they are binding on this court. And on these facts, and there being none subsequently discovered, the grant of letters, from which there was no appeal, should not be revoked.</p> <p>5. Ibid. — Ibid.—Illegitimacy.—An administrator will not be declared the illegitimate son of intestate, under proceedings instituted by a legitimate daughter of intestate to have the letters revoked and administration granted to her, after her approval of the former grant; her rights, if Originally superior, have been waived.</p>