Ex parte Miller

Court of Appeals of South Carolina

Ex parte Miller

11 S.C. Eq. 378

DecidedDecember 15, 1835

StatusPublished

This text of 11 S.C. Eq. 378 (Ex parte Miller) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Miller, 11 S.C. Eq. 378 (S.C. Ct. App. 1835).

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Opinion

The Act of 1824, p. 21, requiring Masters and Commissioners to [290]*290report, annually, to the Court, “what guardians and trustees have not annually made their returns,” and “to set apart certain days for reference of such accounts, &c.,” was intended to protect wards and cestui que trusts whose funds were under the control of the Court, and not to impose duties on the Commissioner, which would be impossible or useless and nugatory; And therefore the Commissioner is not guilty of any neglect of duty in not reporting to the Court, the case of a guardian who had finally settled with his ward, and that fact had been before reported to the Court; or where a guardian was dead, and his death had been previously reported; or where a guardian had removed from the State, and which had been before reported.

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The Act of 1824, p. 21, requiring Masters and Commissioners to [290]*290report, annually, to the Court, “what guardians and trustees have not annually made their returns,” and “to set apart certain days for reference of such accounts, &c.,” was intended to protect wards and cestui que trusts whose funds were under the control of the Court, and not to impose duties on the Commissioner, which would be impossible or useless and nugatory; And therefore the Commissioner is not guilty of any neglect of duty in not reporting to the Court, the case of a guardian who had finally settled with his ward, and that fact had been before reported to the Court; or where a guardian was dead, and his death had been previously reported; or where a guardian had removed from the State, and which had been before reported.

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Bluebook (online)

11 S.C. Eq. 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-miller-scctapp-1835.