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Keywords

equityappealprobateappellant

Related Cases

Dean v. Kilgore, 313 S.C. 257, 437 S.E.2d 154

Facts

Appellants Clarence Dean and Dyann Collins, the son and daughter of the deceased Sam Dean, sought to remove Macie Kilgore as the personal representative of their father's estate. The probate court denied their petition, and the decision was affirmed by Judge Drew, sitting as a Special Circuit Judge for Anderson County. The appellants then appealed to the Court of Appeals.

The probate court denied their petition, and the decision was affirmed by Judge Drew, sitting as a Special Circuit Judge for Anderson County.

Issue

Whether the Circuit Court's decision to affirm the Probate Court's denial of the petition to remove the personal representative was supported by sufficient evidence.

Rule

The standard of review for cases appealed from the probate court is determined by whether the cause of action is at law or in equity, with the two-judge rule applying to equity cases.

1 This court and the Supreme Court, in a line of recent cases, have clearly addressed the important rules concerning the standard of review of cases appealed from the probate court.

Analysis

The court applied the two-judge rule, which governs the review of equity cases, determining that the essential nature of the appellants' cause of action was equitable. The court found that the Circuit Court's affirmation of the Probate Court's findings was supported by ample evidence, thus upholding the lower court's decision.

The court applied the two-judge rule, which governs the review of equity cases, determining that the essential nature of the appellants' cause of action was equitable.

Conclusion

The Court of Appeals affirmed the judgment of the lower courts, concluding that there was sufficient evidence to support the denial of the petition to remove the personal representative.

Accordingly, the judgment below is AFFIRMED.

Who won?

Macie Kilgore prevailed in the case because the court found ample evidence supporting the decision to deny the removal of the personal representative.

The court found ample evidence supporting the decision to deny the removal of the personal representative.

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Keywords

Related Cases

In re Harrison’s Estate, 316 Pa. 15, 173 A. 407, 94 A.L.R. 1019

Lumbard v. Farmers State Bank, 812 N.E.2d 196

Spratt v. Security Bank of Buffalo, Wyo., 654 P.2d 130

Pizel v. Zuspann, 247 Kan. 54, 795 P.2d 42, 10 A.L.R.5th 1098

Johnston v. Jones, 66 U.S. 209, 1 Black 209, 1861 WL 7651, 17 L.Ed. 117