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S.C. DEPT. OF MENTAL HEALTH v. HANNA

20602

270 S.C. 210 (1978)

241 S.E.2d 563

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, Appellant, v. Murdock HANNA, Individually, and as Committee for Davis Hanna, a person non compos mentis, and Davis Hanna, a person non compos mentis, Respondents.

Supreme Court of South Carolina.

February 9, 1978.

Attorney(s) appearing for the Case

Daniel R. McLeod, Atty. Gen., and Larry W. Propes, of Columbia, for Appellant.

Thomas E. Smith, Jr., of Nettles, Thomy and Smith, Pamplico, for Murdock Hanna, Respondent.

February 9, 1978.

NESS, Justice:

This appeal is from an order sustaining a demurrer to an action to remove Murdock Hanna as committee for Davis Hanna, and appoint a new committee. We reverse.

Davis Hanna was a patient in a State mental health facility from July 1917 until January 8th, 1974 when he was discharged to a Florence nursing home. Respondent Murdock Hanna, son of the patient, was appointed committee on November 1, 1955, and has continued to...

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