Mitchell v. Dreher
| Decision Date | 10 April 1929 |
| Docket Number | (No. 12637.) |
| Citation | 147 S.E. 646 |
| Parties | MITCHELL et al. v. DREHER et al. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Calhoun County; M. M. Mann, Judge.
Action by Pearl Mitchell and others against T. H. Dreher and another. Judgment for defendants, and plaintiffs appeal. Affirmed.
W. R. Symmes, of St. Matthews, for appellants.
J. A. Merrirt, of St. Matthews, for respondents.
COTHRAN, J. Appeal from a decree of his honor, Judge Mann, denying claim of homestead exemption in certain assets of the estate of J. H. Lee, deceased. The facts are these:
On April 7, 1927, J. H. Lee borrowed from bank $250, and gave his note therefor, secured by a mortgage upon crops to be planted during that year and upon certain live stock and farming implements. Five days later, on April 12th, Lee died, having on deposit with the bank $128.59, balance of proceeds of note for $250, unexpended. The defendant T. H. Dreher was appointed administrator of Lee's estate on April 30th. By order of the probate court the administrator sold all of the personal estate of the intestate, including the chattels covered by the bank's mortgage. The balance on deposit at the time of Lee's death, $128.59, was transferred by the bank to the account of Dreher, administrator, and the proceeds of the sale of the personal property were deposited to his credit. These deposits amounted to $352.81. From this credit balance the administrator paid:
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|The bank note, less unearned interest|$242 56|
|-------------------------------------|-------|
|Costs Of all ministration |31 50 |
|-------------------------------------|-------|
|Medical bill |26 00 |
|-------------------------------------|-------|
|Leaving a balance on hand of |62 75 |
|-------------------------------------|-------|
| |$352 81|
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The plaintiffs, who are children of the intestate, Lee, instituted the present action in the court of common pleas for Calhoun county, on March 21, 1928, alleging that they "were entitled to an exemption up to $500 in cash as a homestead from personalty in their father's estate before any of the debts of that estate can be paid." The administrator answered, setting forth the payments which he had made as above stated, and asked to be allowed to proceed with the settlement of the estate. The probate judge, who was made a party defendant, made no appearance.
The case was referred to L. M. Gressette, Esq., as special referee, who reported that the plaintiffs were entitled "to homestead in the funds left on deposit in the [bank] and were also entitled to homestead ahead of the costs of administration." Upon exceptions by the administrator to this report, the matter was heard by his honor, Judge Mann, who filed a decree reversing the special referee's report. The plaintiffs appealed from the decree upon the following exceptions:
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