Singleton v. Singleton

102 S.E.2d 747, 232 S.C. 441, 1958 S.C. LEXIS 30
CourtSupreme Court of South Carolina
DecidedMarch 18, 1958
Docket17402
StatusPublished

This text of 102 S.E.2d 747 (Singleton v. Singleton) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singleton v. Singleton, 102 S.E.2d 747, 232 S.C. 441, 1958 S.C. LEXIS 30 (S.C. 1958).

Opinion

Moss, Justice.

Rosa Singleton died intestate and H. H. Singleton, one of her heirs, was appointed administrator of her estate by the Probate Court of Horry County, South Carolina.

This action was instituted by Charles T. Singleton, the appellant herein, against H. PI. Singleton, individually and as administrator of said estate, the respondent herein, for the purpose of requiring the respondent to account for all of his acts and doings as administrator of said estate. The complaint alleges that the respondent, both before and after the death of the decedent, had been in possession of property be[443]*443longing to her, and had failed to account for said property. The complaint asks for judgment against the respondent in accordance with the accounting and for the amount shown to be justly due and owing to the appellant.

The respondent, by way of answer, admitted that the appellant and respondent were heirs at law of the deceased, and that he was administrator of said estate, and specifically denied that he had misappropriated or failed to bring into the estate any property belonging to the decedent.

The record shows that in addition to Charles T. Singleton and H. H. Singleton, the parties to this action, that the other heirs at law of Rosa Singleton were J. R. Singleton, A. J. Singleton, Arthur B. Singleton, James G. Singleton, Joe Singleton, Elwood Beverly Singleton, Douglas Singleton, Ernest Singleton and Alton Singleton.

The respondent, by proper motion, moved the Court for an order bringing in as parties to this action the above named heirs at law of the decedent, upon the ground that the above named parties “are necessary to a complete determination or settlement of the questions arising in this cause; that a complete determination of the controversies cannot be had without the presence of these said parties; and that the bringing in of said parties would avoid a multiplicity of actions.” The motion was supported by an affidavit of counsel, the record in this cause and the records of this estate in the Probate Court for Horry County, South Carolina.

The trial Judge, over the objection of appellant, granted the motion of the respondent and ordered that the appellant amend his summons and complaint so as to bring in as parties to this action the aforementioned heirs at law of the decedent. It was also ordered that the appellant take such steps “as may be necessary to bring in and make such persons either parties plaintiff or parties defendant to this action.”

[444]*444The appellant is before this Court on exceptions challenging the correctness of the order of the lower Court.

In the case of Witherspoon v. Stogner, 182 S. C. 413, 189 S. E. 758, 759, this Court said:

“Each complaint clearly and distinctly alleges the existence of the trust relationship, the necessity for an accounting, seeks and demands such accounting and judgment for such sum of money as is by said accounting shown to be justly due and owing to plaintiff.
“That a fiduciary relationship exists between each heir or beneficiary of an estate and the administratrix thereof is fundamental. It is also fundamental that each such cestui que trust has the right to demand by a suit in equity an accounting at the hands of such trustee, as has been done in these actions, and that thereupon it becomes the duty of such defendant trustee to render a full, fair, and impartial accounting with respect to all matters pertaining to said estate.” ¡

The appellant charges the trial Judge with an abuse of discretion in ordering that the additional heirs at law of the decedent be joined as parties plaintiff or parties defendant to this action.

Section 10-202, Code of Laws of South Carolina 1952, provides:

“All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as plaintiffs, except as otherwise provided in this title.”

• Section 10-203, Code of Laws of South Carolina 1952, provides:

“Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff or who is a necessary party to a complete determination or settlement of the questions involved therein. * * *”

Section 10-204, Code of Laws of South Carolina 1952, provides:

[445]*445“Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants. But if the consent of any one who should have been joined as plaintiff cannot be obtained he may be made a defendant, the reason thereof being stated in the complaint.”

Section 10-219, Code of Laws of South Carolina 1952,' provides:

“The court may determine any controversy between the parties before it, when it can be done without prejudice to-the rights of others, or by saving their rights. But when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. * * *”

The affidavit of counsel for the respondent, which is not contradicted by any affidavit on the part of the appellant, shows that counsel for the appellant appeared before the Probate Court of Horry County in behalf of six of the heirs at law of Rosa Singleton, and objected to the granting of Letters Dismissory to the respondent on the ground that (a) there had been an improper publication of the Notice of Discharge; and (b) that an action had been brought by Charles T. Singleton and was pending in the Court of Common Pleas, that being the action presently before the Court. It thus appears that at least six of the heirs at law have an interest in the subject of the action and in obtaining the relief demanded by the appellant. They were represented by the same counsel as appears for the appellant and joined with the appellant in opposition to the discharge of respondent as administrator and in demanding an accounting from him. Under these circumstances it is proper that these parties be joined as parties plaintiff with the appellant. This joinder would bring them within the rule set forth in Black v. Simpson, 94 S. C. 312, 77 S. E. 1023, 1025, 46 L. R. A., N. S., 137, where it is said:

“It is well settled that several distributes entitled to unequal portions of an estate, after receiving unequal pay[446]*446ments, may unite in an action against an administrator to require him to account for breaches of his trust, and pay over to each his share, though the shares be unequal. Stallings v. Barrett, 26 S. C. [474], 478, 2 S. E. 483; McCorkle v. Williams, 43 S. C. 66, 20 S. E. 744; Wagner v. Sanders, 49 S. C. 192, 27 S. E. 68.”

If, however, the consent of these parties to become plaintiffs along with appellant cannot be obtained, then, under Section 10-204 of the Code as above quoted, they can be joined as defendants, the reason therefor being stated in the amended complaint.

In the case of Murray Drug Co. v. Harris, 77 S. C. 410, 57 S. E. 1109, 1110, there is quoted from Mechanics’ Bank of Alexandria v. Seton, 1 Pet. 299, 305, 7 L. Ed. 152, the following :

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Witherspoon v. Stogner
189 S.E. 758 (Supreme Court of South Carolina, 1937)
Murray Drug Co. v. Harris
57 S.E. 1109 (Supreme Court of South Carolina, 1907)
Black v. Simpson
77 S.E. 1023 (Supreme Court of South Carolina, 1913)
Stallings v. Barrett
2 S.E. 483 (Supreme Court of South Carolina, 1887)
McCorkle v. Williams
20 S.E. 744 (Supreme Court of South Carolina, 1895)
Wagner v. Sanders
27 S.E. 68 (Supreme Court of South Carolina, 1897)

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Bluebook (online)
102 S.E.2d 747, 232 S.C. 441, 1958 S.C. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-singleton-sc-1958.