Reeves v. Craddock

Filing 13

ORDER APPOINTING CONSERVATOR Signed by Honorable David C Norton on 2/26/15. (elim, ) Modified on 3/2/2015 to correct date signed (jbry, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Ashley Reeves as Personal Representative
of the Estate of Albert Carl "Bert" Reeves,
Plaintiff,
vs.
The Town of Cottageville and Randall
Price, individually,
Defendants.

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Civil Action No. 2:12-cv-02765-DCN

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Ashley Reeves as Personal Representative
of the Estate of Albert Carl Reeves,
Plaintiff,
vs.
John Craddock, individually,
Defendant.

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Civil Action No. 2:14-cv-01918-DCN

ORDER APPOINTING CONSERVATOR
THIS MATTER comes before me on the Petition of Ashley Reeves Lowe, as
Personal Representative of the Estate of Albert Carl Reeves, deceased. The Petition seeks
the appointment of a conservator.

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The instant suit alleges that the decedent Albert Carl Reeves died on or about May
16, 2011, as a result of a gunshot wound fired by Cottageville Police Officer Randall Price.
The decedent Albert Carl Reeves, who died intestate, was survived by two minor
children, A.R., a minor, and R.R, a minor, who are the statutory beneficiaries for the
wrongful death action and the heirs of the estate of Albert Carl Reeves.
The South Carolina Municipal Insurance and Risk Financing Fund, on behalf of
Defendant John Craddock (“Craddock”), has offered to pay a substantial sum made known
to the Court (“the Settlement Sum”) in exchange for a release of all claims against said
Defendant as described in the Settlement Agreement. The Petitioner understands that this
consideration is made in exchange for the releases outlined in the Settlement Agreement,
and the dismissal of this action.
The South Carolina Municipal Insurance and Risk Financing Fund , on behalf of
Defendants the Town of Cottageville (“Cottageville”) and Randall Price (“Price”), has
offered to pay a substantial sum made known to the Court (“the Settlement Sum”) in
exchange for a release of all claims against said Defendants as described in the Settlement
Agreement. The Petitioner understands that this consideration is made in exchange for the
releases outlined in the Settlement Agreement, the dismissal of this action, and the full
satisfaction of the judgment entered in this action.
Upon reading and carefully considering the Petition addressed to this Court and
upon seeing, observing and interviewing Petitioner and the attorneys representing the
parties, this Court concludes that the conservator should be appointed and that Ashely Lowe
is capable of serving as the Conservator.

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CONCLUSIONS OF LAW
I find that the interests of A.R., a minor, and R.R, a minor, will be served by the
appointment of Ashley Reeves Lowe as their Conservator and Mrs. Lowe is a proper and
suitable person to be appointed. Further, I find that Mrs. Lowe shall be bonded in the
amount of the funds that shall be payable to her as Conservator. The Court is aware that a
bond is not required in certain circumstances including cases where the settlement funds are
held in a structured settlement or other restricted account. Pursuant to S.C. Code Ann. Sec.
62-5-411 if the petitioner demonstrates good cause to the Probate Court in Colleton County
then no bond will be required.
In addition, the Conservator has the power to create and fund an irrevocable trust
for the benefit of the interests of A.R., a minor, and R.R, a minor.; provided however, the
trust instrument is consistent with South Carolina law as it relates to her duties as a
Conservator.
IT IS THEREFORE ORDERED that Ashley Lowe be appointed Conservator of
A.R., a minor, and R.R, a minor;
IT IS FURTHER ORDERED that Ashley Lowe be bonded in the amount of the
funds that shall be payable to her as Conservator or if good cause is shown then no bond will
be required; and further
IT IS FURTHER ORDERED that Ashley Lowe has the power to create and fund
an irrevocable trust for the benefit of the interests of A.R., a minor, and R.R, a minor.
AND IT IS SO ORDERED.

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DAVID C. NORTON
UNITED STATES DISTRICT JUDGE
February 26, 2015
Charleston, South Carolina

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