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IN RE COGDELL'S ESTATE

17655

236 S.C. 404 (1960)

114 S.E.2d 562

In re ESTATE of Garrie S. COGDELL, a person non compos mentis. Arthur COGDELL, Petitioner-Respondent, v. Garrie S. COGDELL, Appellant, and Clyde Cogdell, Respondent.

Supreme Court of South Carolina.

May 10, 1960.

Attorney(s) appearing for the Case

Chester D. Ward, Jr., Esq., of Spartanburg, for Respondent-Appellant.

Messrs. Matthew Poliakoff, of Spartanburg, for Arthur Cogdell, Petitioner-Respondent, and Edwin W. Johnson, of Spartanburg, by way of special appearance for Matthew Poliakoff.

Edward P. Perrin, Esq., of Spartanburg, as Guardian ad Litem for Garrie S. Cogdell, Respondent-Appellant.

May 10, 1960.

STUKES, Chief Justice.

This is an appeal from an order of the Court of Common Pleas affirming the refusal of the Probate Court of Spartanburg County to vacate its adjudication that appellant is non compos mentis and its appointment of one of his sons as Committee for him.

The petition of the son therefor was filed in the Court of Probate on Sept. 21, 1955, and appellant's wife made affidavit, quoting, "that she served the within...

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