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Decision Reversed In Important Case (/P)-Estate funds received in trust by bank and mingled with other bank funds. does not constttute breach of trust in event of the bank's failure and give the estate a preferential claim over other the court ruled in imsupreme portant majority opinion today. The opinion, the ruling by the court on phases of 1930 statute, is regarded as highly important in view of the number of estates now tied up in closed banks. Written by Associate Justice M. L. Bonham, was concurred Blease Stabler. Associate Justice carter Although law a personal ministrator, mingle the with his own sue to the estate, must make good from his own funds." The court ruled a bank receiver is not required to pay an estate ahead of creditors and depositors where there is no breach of trust. The court reversed the decision of Judge E. C. Dennis in a case from Darlington county. Donald E. Mitchie, et al., peti-respondent, against the Peoples Bank of Darlington and G. B. Brasington, as receiver, appellants.
