State ex rel. Swinton v. Bates

Citations

• 38 S.C. 326
• 17 S.E. 28
• 1893 S.C. LEXIS 62

Syllabus

<p>1. Mandamus — State Treasurer. — A writ of mandamus may be issued to require tbe State treasurer to perform any official duty of a ministerial character.</p> <p>2. State Treasurer — -Rules—Transfer of Stock — Executor.—The law does not require a legatee, on'demanding a transfer of State stock bequeathed to him by the will of the testator in whose name the stock stands on the treasurer’s books, to produce a certificate from the judge of probate that the executor is authorized to transfer such stock. The State treasurer cannot enforce such a rule, as the law has not authorized it.</p> <p>3. Executors — Transfer of Stock — ,Derts—Mandamus.—One executor may sell under a power given to all, or assent to a legacy, or transfer assets of the estate, without an order of any court. But where an executor assented to his own legacy of State stock, and directed the State treasurer to transfer such stock to himself individually before the expiration of the twelve months after testatrix’s death, allowed by law for tbe ascertainment of debts, the court refused to issue its writ of mandamus, commanding the State treasurer to make the transfer, but without prejudice to relator’s right to renew his application at the proper time.</p>