Allen, Matter of, No. 22125

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM; GREGORY and HARWELL
Citation285 S.C. 489,331 S.E.2d 349
PartiesIn the Matter of Franklin W. ALLEN. . Heard
Docket NumberNo. 22125
Decision Date16 April 1984

Page 349

331 S.E.2d 349
285 S.C. 489
In the Matter of Franklin W. ALLEN.
No. 22125.
Supreme Court of South Carolina.
Heard April 16, 1984.
Decided June 7, 1985.

Page 350

Atty. Gen. T. Travis Medlock and Asst. Atty. Gen. C. Havird Jones, Jr., Columbia, for complainant.

William B. James, Greenville, for respondent.

[285 S.C. 490] PER CURIAM:

This disciplinary matter is before us for review of the recommendation of the Executive Committee of the Board of Commissioners on Grievances and Discipline. The Hearing Panel recommended a dismissal of the complaint; the Executive Committee disagreed and would impose the sanction of public reprimand for acts of misconduct. We agree that the Respondent, Franklin W. Allen, has been guilty of misconduct as enunciated by the Canons of Ethics but disagree as to the sanction.

The complaint charges that the Respondent forged the signature of his wife, Jean H. Allen, to five (5) legal documents which required her renunciation of dower. It alleges that the Respondent signed his wife's name to the renunciation of dower in the following five (5) real estate transactions:

1. Deed from Franklin W. Allen to James W. Petree, dated April 11, 1977; the consideration recited was Thirteen Thousand Five Hundred Dollars.

2. Deed from Franklin W. Allen, et al. to Byars Builders, Inc., dated June 23, 1977; the consideration recited was Five Thousand Dollars.

3. Deed from Franklin W. Allen, et al. to Byars Builders, Inc., dated June 7, 1978; the consideration recited was Fifty Thousand Dollars.

4. Mortgage from Franklin W. Allen to Spartanburg Bank and Trust, dated June 8, 1976. It secured a Fifteen Thousand Dollar note.

5. Mortgage from Franklin W. Allen to Southern Bank and Trust Company, dated January 28, 1981. It secured a note for Thirty-Five Thousand Dollars.

It was stipulated at the beginning of the hearing before the Panel that each of the dower renunciations was in fact signed by Franklin Allen. There is no contention that she was even present. The renunciation of dower was accomplished by using unsophisticated notaries public who obviously had little understanding of real estate law.

[285 S.C. 491] The Respondent seeks comfort in his contention that his wife consented to his signing of her name. This she denies. It is however of little consequence whether she did or did not consent. The purported dower renunciation was null and void, even if orally consented to, and the grantees named in the deed and the...

To continue reading

Request your trial
1 practice notes
  • Walker, Matter of, No. 23483
    • United States
    • United States State Supreme Court of South Carolina
    • August 14, 1991
    ...of law. Initially, we note that the recommendations of the Hearing Panel and Executive Committee are persuasive. In the Matter of Allen, 285 S.C. 489, 331 S.E.2d 349 (1985). However, the duty of making a final adjudication with respect to the professional conduct of members of the Bar and t......
1 cases
  • Walker, Matter of, No. 23483
    • United States
    • United States State Supreme Court of South Carolina
    • August 14, 1991
    ...of law. Initially, we note that the recommendations of the Hearing Panel and Executive Committee are persuasive. In the Matter of Allen, 285 S.C. 489, 331 S.E.2d 349 (1985). However, the duty of making a final adjudication with respect to the professional conduct of members of the Bar and t......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT