Posts Tagged ‘Probate’

September 21, 1979

Opinion on salary supplements in the 1979-80 General Appropriations Act.

Requested by Mr. Russell B. Shetterly, Executive Director, South Carolina Association of Counties.

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September 21, 1979

Opinion whether the $1500 supplement appropriated by the General Assembly to every clerk of court and probate judge in South Carolina in the 1979-80 General Appropriations Act can be used to supplement the salary of a new assistant or associate probate judge.

Requested by Frank E. Harrison, Esquire, McCormick County Attorney.

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September 5, 1979

Opinion on the provisos to Section 8 of the 1979-80 Appropriations Act.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General.

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August 17, 1979

Opinion on how certain additional money appropriated to the probate court may be utilized (Section 8 of appropriations bill).

Requested by The Honorable E.K. Hardin, Chester County Probate Judge.

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August 16, 1979

Opinion on a probate court judge’s authority to exercise the powers of both the master-in-equity and the probate judge (Act 377 (1918 (30) 710))).

Requested by The Honorable Kathryn F. Sanders, Probate Court Judge, McCormick County.

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June 26, 1979

Opinion on the validity of acts taken by the 1979 Horry County Council relating to the decision by the South Carolina Supreme Court invalidating the election of its members.

Requested by Mr. Dick Elliott, Vice-Chairman, Horry County Council.

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June 12, 1979

Opinion on whether or not Magistrates have the authority to issue executions on judgments rendered in their courts (Sections 15–39–10 and 22-3-320 of the 1976 Code of Laws).

Requested by Mr. Neal Forney, Assistant Director, South Carolina Court Administration.

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May 8, 1979

Opinion on effective date of the change in the membership of the Horry County Council directed by the South Carolina Supreme Court in the recent action entitled Van Fore, et al. v. Cooke, et al.

Requested by John Patrick Henry, Esquire, Horry County Attorney.

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May 3, 1979

Opinion on Section 44-17-410 (whether an individual who has been committed to the South Carolina State Hospital pursuant to an emergency admission may be detained in a county jail prior to transportation to the Hospital).

Requested by Honorable Marguerite S. Kinard, Probate Judge for Colleton County.

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April 18, 1979

Opinion concerning the proposed Spartanburg County ordinance which seeks to establish a magisterial court for School District No. 7 in that county, I-agree with Mr. Atwater, the Director of the South Carolina Court Administration, that counties are not authorized to enact ordinances which relate to courts included within the unified judicial system.

Requested by Roy McBee Smith, Esquire, Spartanburg County Attorney.

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April 09, 1979

Opinion on whether or not the Probate Court is required to maintain a verbatim transcript of the record in a civil commitment case.

Requested by Honorable Patsy L. Stone, Judge of Probate, Florence County.

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March 28, 1979

Opinion concerning if§ 34–3–50 of the Code of Laws of South Carolina (1976), which requires all active officials and employees of any State bank to be bonded, is complied with by setting aside personal negotiable securities in trust in a third-party banking institution in an amount sufficient to meet the bond requirement.

Requested by Grady L. Patterson, Jr., Chairman, South Carolina State Board of Financial Institutions

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March 26, 1979

Opinion concerning whether the present provisions dealing with the payment of alimony are violative of the 14th Amendment of the United States Constitution, and if a final decree awarding alimony can be collaterally attacked on the basis that the decree was made pursuant to a statute which is subsequently determined to be unconstitutional.

Requested by The Honorable Rex L. Carter, Speaker of the House, and the Honorable Raymon Schwartz, Jr., Speaker Pro Tempore

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March 21, 1979

Opinion regarding whether or not a judge has the authority to deny marriage licenses based upon realization that an applicant is currently on probation in the Family Court.

Requested by The Honorable W.R. Douglas, Judge of Probate, Office of Probate Judge of Cherokee County

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March 01, 1979

Opinion request on whether it would be a violation of the constitutional provisions prohibiting dual office holding for the Probate Judge of Barnwell County to perform the duties of the Master-in-Equity pursuant to Act Number 105 of the 1949 Acts and Joint Resolutions.

Requested by The Honorable William Knotts, Senator

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February 08, 1979

Opinion regarding legislation postponing the abolition of county courts, standing masters, masters-in-equity, and special referees from July 1, 1979.

Requested by The Honorable Horace C. Smith, Senator

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January 02, 1979

Opinion regarding if a magistrate who was the Director of the Greenville Check Clearing House may continue to serve as magistrate subsequent to Act 19 of 1975 being declared unconstitutional by the South Carolina Supreme Court as well as clarification of the civil and criminal jurisdiction of this magistrate.

Requested by: Mr. Neal Forney, Assistant Director, SC Court Administration

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November 16, 1978

Opinion on court fees (Sections 14-23-1060 and 23-1-370 of the Code of Laws of South Carolina, 1976).

Requested by E.P. Riley, Esquire, Attorney at Law.

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November 13, 1978

Opinion on Section 21-15-360.

Requested by The Honorable Bessie Lee Nance, Judge of Probate, Abbeville County.

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October 13, 1978

Opinion on whether or not municipal police officers are required to serve court orders (Sections 14-23-440 and 23-15-40 of the 1976 Code of Laws of South Carolina).

Requested by The Honorable James R. Metts, Sheriff, Lexington County.

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October 5, 1978

Opinion on letters of guardianship to accept pre-retirement death benefits on behalf of a minor.

Requested by E D. Goodwin, Jr., Comptroller, South Carolina Retirement System.

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July 27, 1978

Opinion on which court has jurisdiction to decide whether the executor/administrator of an estate desires extra compensation above that allowed by statute (Section 21-15-1450 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable Bessie Lee Nance, Judge of Probate, Abbeville County.

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June 12, 1978

Opinion on whether a judge in the unified judicial system may engage in the practice of law (Canon 5(F) of the Code of Judicial Conduct).

Requested by Mr. Howard L. Chappell, The Board of Commissioners on Judicial Standards.

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May 26, 1978

Opinion on the duties and responsibilities of the Treasurer of Aiken County.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General.

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March 29, 1978

Opinion on whether or not a common law wife may inherit by intestacy in the same manner as a wife who was married by means of a ceremony.

Requested by The Honorable Betty T. Curtis, Judge of Probate, Chesterfield County.

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March 28, 1978

Opinion on Section 44-23-30.

Requested by The Honorable Joe A. Sanders, Associate Judge of Probate, Richland County.

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March 23, 1978

Opinion on dual office holding (magistrate and run for county council without resigning his position as magistrate).

Requested by The Honorable George W. Gregory, Jr., Member, South Carolina House of Representatives.

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February 7, 1978

Opinion on the provisions of Act No. 283 of 1975, the ‘home rule’ legislation, as they affect Aiken County (Sections 4-9-10 through -190 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable William E. Knotts and Nikki G. Setzler, Members, South Carolina Senate.

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November 30, 1977

Opinion on whether a patient conditionally discharged from the Department of Mental Health can be committed without the necessity of reexamination.

Requested by John Patrick, Esquire, South Carolina Court Administration.

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November 9, 1977

Opinion on guardianship.

Requested by the Honorable Betty Curtis, Judge of Probate, Chesterfield County.

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September 9, 1977

Opinion on whether or not the Anderson County Council has the authority to raise the fees charged by the Anderson County Probate Judge.

Requested by The Honorable T. Ed Garrison, Member, South Carolina Senate.

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August 3, 1977

Opinion on distribution of fees collected in Probate Courts (retained by the collecting official or are they paid over to the county for such use as the county sees fit).

Requested by Mr. L. Edmund Atwater, III, Director, S. C. Court Administration.

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June 29, 1977

Opinion on whether a Judge of Probate for Aiken County, can accept the duties of Master in Equity for Aiken County as additions to those duties which the Judge of Probate performs.

Requested by The Honorable Carl M. Hair, Judge of Probate, Aiken County.

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June 28, 1977

Opinion on special fee schedules for Clerks of Court and whether the South Carolina Supreme Court has the power to set or establish fees for Clerks of Court.

Requested by Mr. Edmund Atwater, Court Administration.

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June 17, 1977

Opinion on whether or not members of the Aiken County Legislative Delegation who are not residents of Aiken can vote on a school millage tax increase.

Requested by The Honorable Irene K. Rudnick, Marion D. McGowan, and William A. Reel, Jr., Members, South Carolina House of Representatives.

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June 17, 1977

Opinion on whether or not the Allendale County Council has the authority to set fees for the Probate Court which differ or conflict with Section 14-23-810 Code of Laws of South Carolina (1976).

Requested by Mr. Thomas O. Lawton, Jr., Allendale County Attorney.

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May 2, 1977

Opinion on whether or not the Allendale County Council has authority to set fees for the Probate Court which differ or conflict with Section 14–23–810 Code of Laws of South Carolina.

Requested by Allendale County Attorney.

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April 20, 1977

Opinion on jurisdiction of municipal court, county court and State court regarding juveniles.

Requested by The Honorable James W. Rodgers, Mayor of the Town of McColl.

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March 9, 1977

Opinion on Article II, Section 20 of the South Carolina Constitution.

Requested by The Honorable Solomon Blatt, Speaker, South Carolina House of Representatives.

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January 18, 1977

Opinion as to the present status of the members of the Sumter County Board of Education (Board).

Requested by David W. Goldman, Esquire, Sumter County Attorney.

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December 13, 1976

Opinion on the procedure for filling a vacancy in the Office of the Probate Judge during Senate recess.

Requested by The Honorable Charles Anthony, Harris, Member, South Carolina Senate.

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December 13, 1976

Opinion on who has authority to appoint the Master or Special Referee in Edgefield County (S.C. Code Annot., Section 15-1802 and S.C. Code Annot. 10-1401 et seq.).

Requested by Mr. H.O. Carter, Edgefield County Administrator.

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November 22, 1976

Opinion on Estate Tax Fees under the Judicial Reform Act (Article V, Section 6, of Act No. 690 of 1976, 59 Stat. 1859).

Requested by Probate Judge, Darlington County.

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October 28, 1976

Opinion on whether the clerk of court has authority to issue marriage licenses.

Requested by D. Kenneth Baker, Esquire, Attorney for Darlington County.

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September 16, 1976

Opinion on service terms for probate judges (Section 15-407, South Carolina code of Laws, 1962, as amended).

Requested by The Honorable David S. Taylor, Member, South Carolina Senate.

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September 8, 1976

Opinion on court jurisdiction over the offense of armed robbery when committed by a juvenile under the age of seventeen.

Requested by The Honorable Henry F. Floyd, Member, South Carolina House of Representatives.

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June 11, 1976

Opinion on whether the Bennettsville City Recorder has jurisdiction over cases involving juvenile offenders.

Requested by Mr. Charles R. Hunter, Jr., Bennettsville City Recorder.

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March 24, 1976

Opinion on when the duty of a peace officer ends with respect to allegedly mentally ill persons taken into custody pursuant to a Detention Order.

Requested by Lieutenant Bill Mabry, Spartanburg County Police.

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March 19, 1976

Opinion on dual office holding (member of the board of directors of a rural electric cooperative and a member of the governing body of Horry County).

Requested by Mr. Henry G. McNeill, Fair Bluff.

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March 16, 1976

Opinion on the county clerk of court also serving in the position of acting probate judge (S.C. Code Ann. Section 15-408 (1962)).

Requested by Mr. Lee M. Thomas, Director, Office of Criminal Justice Programs.

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March 15, 1976

Opinion on the status of the law on the Masters and Referees in Colleton County.

Requested by The Honorable James P. Harrelson, Member, South Carolina Senate.

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March 8, 1976

Opinion on whether the Union County Family Court has been declared unconstitutional.

Requested by Mr. C.H. Hellams, Jr., Chairman, Social Concerns.

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March 4, 1976

Opinion on the constitutionality of H. 2727.

Requested by The Honorable James B. Stephen, Member, South Carolina Senate.

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February 23, 1976

Opinion on whether an otherwise duly qualified person eighteen (18) years of age or older may properly serve as an executor.

Requested by The Honorable F. Ansel Crouch, Probate Judge, Saluda County.

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February 3, 1976

Opinion on who gets to approve the authorization of the deputy probate judge to serve for a period in excess of thirty days (Kershaw County Council or the local legislative delegation).

Requested by William R. Byars, Jr., Esquire, Kershaw County Attorney.

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January 16, 1976

Opinion on whether or not the Fairfield County Council is authorized to provide by ordinance that the Judge of Probate and the Clerk of Court of that county are hereafter to be compensated by salary only and fees previously paid to and collected by them are to be paid to the county itself.

Requested by M. D. Douglas, Esquire, Attorney at Law.

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January 6, 1976

Opinion on dual office holding (probate judge and run for an elective office).

Requested by The Honorable J.H.C. Dalrymple, Probate Judge, Chesterfield.

Read full opinion.

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