Citizens & Southern National Bank v. Conner

11 S.E.2d 271, 195 S.C. 203, 131 A.L.R. 748, 1940 S.C. LEXIS 157

• Court: Supreme Court of South Carolina
• Decided: October 30, 1940
• Docket: 15150
• Status: Published

Opinion

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, 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.