Betty Fisher v. Bessie Huckabee, Kay Passailaigue Slade…

Summary

The Supreme Court of South Carolina affirmed the Court of Appeals’ dismissal of Fisher’s survival action, holding that Fisher lacked standing as the real party in interest because she neither was the personal representative nor a special administrator and failed to seek ratification, joinder, or substitution under Rule 17(a). The Court clarified that the Probate Code, not the outdated term “real representative,” determines who may sue on behalf of an estate, and that a special administrator may be appointed only upon request.