Haley v. Thames

Citations

• 30 S.C. 270
• 9 S.E. 110
• 1889 S.C. LEXIS 100

Syllabus

<p>1. The Court of Probate is not the proper tribunal in which creditors may sue to judgment either their debtors while living or the personal representatives of their deceased debtors.</p> <p>2. Distributees of an estate cannot, without administration, charge their co-distributees as executors de son tort in the Court of Probate.</p> <p>3. Distributees of an estate upon which there has been no administration are not unlawfully in possession of its assets, and therefore are not chargeable as executors da son tort as for intermeddling with such assets.</p>