Supreme Court of South Carolina, 1940

Citizens & Southern National Bank v. Conner

Supreme Court of South Carolina · Decided October 30, 1940 · Baker, Chiee, Bonham, Messrs, Fishburne, Stukes, Lide

11 S.E.2d 271; 195 S.C. 203; 131 A.L.R. 748; 1940 S.C. LEXIS 157 (South Eastern Reporter, Second Series)

Counsel

Mr. S. Henry Edmunds , for appellant, cites: Construction of State statutes: 279 U.S. 347 ; 73 L.Ed., 733 ; 188 S.C. 39 ; 198 S.E., 419 ; 194 S.C. 115 ; 8 S.E.2d 351 . Right of state bank to act in fiduciary capacity after conversion into national bank: 83 S.W.2d 866 ; 279 U.S. 347 ; 73 L.Ed., 733 ; 61 A.L.R., 987; 144 N.E., 443 ; 158 N.E., 780; 266 U.S. 617 ; 153 S.E., 656; 156 S.E., 581; 283 U.S. 75 . Messrs. Hagood, Rivers Young , for respondent, cite: Rights of converted state bank: 141 U.S. 520 ; 35 L.Ed., 841 ; 143 U.S. 293 ; 38 L.Ed., 162 ; 98 U.S. 359 ; 25 L.Ed., 186 ; 152 U.S. 301 ; 38 L.Ed., 450 ; 105 N.E., 718; 275 P., 453 ; 13 P.2d 1017 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Baker.

The sole question raised by this appeal, as stated by appellant, is: “Where a state bank was named as a co-executor and trustee under a will, and duly qualified thereunder as such co-executor and entered upon the discharge of its duties as such, and subsequently was converted into a national bank, *213 did the national bank continue as the co-executor and the trustee, with the right and power to continue so to act?”

The carefully prepared order of Honorable Wm. H. Grim-ball, Judge of the Ninth Circuit, correctly answers this question in the affirmative. Let said order be reported^ as the opinion of this Court.

Mr. Chiee Justice Bonham, Messrs. Justices Fishburne and Stukes and Mr. Acting Associate Justice L. D. LidE concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.