Lee v. Simpson
Decision Date | 07 April 1890 |
Citation | 134 U.S. 572,33 L.Ed. 1038,10 S.Ct. 631 |
Parties | LEE v. SIMPSON. 2 |
Court | U.S. Supreme Court |
Le Roy F. Youmans, J. P. Carey, and A. C. King, for appellant.
Augustin T. Smythe, Joseph H. Earle, and James L. Orr, for appellee.
[Argument of Counsel from pages 573-574 intentionally omitted]
This is an appeal from a decree of the circuit court of the United States for the district of South Carolina, dismissing the bill of complaint of Isabella Lee, an infant, by her next friend, Gideon Lee, against Richard W. Simpson. The following are the material facts involved in the case: On May 13, 1854, Mrs. Floride Calhoun was seised and possessed of the tract of land situate in that part of Pickens district which is now Oconee county, in the state of South Carolina, on the east side of the Seneca river, known as the 'Fort Hill Place,' containing 1,110 acres, more or less, and on that day she and her daughter Cornelia M. Calhoun sold and conveyed that tract of land, together with certain personal property, to Andrew P. Calhoun, for the sum of $49,000, Cornelia M. Calhoun having no interest in the real estate. Andrew P. Calhoun executed his bond under seal to Mrs. Calhoun and Cornelia, conditioned for the payment of $40,200 to Mrs. Floride Calhoun, and the remaining $8,800 to Cornelia, and, to secure the payment of the bond representing the purchase money, and as a part of the same transaction, at the same time executed and delivered to Mrs. Calhoun and Cornelia separate mortgages of the same tract of land and of the personal property, to secure the payment of the sums of money mentioned in the bond. On the 27th of June, 1863, Mrs. Calhoun made her last will and testament, whereby, among other things, she devised and bequeathed as follows
On the 22d of January, 1866, Mrs. Calhoun duly made a codicil to her last will and testament, wherein, among other things, she revoked the devise of the real property in Pendleton, made to Anna Clemson in the second paragraph of her will, and devised the same to other persons, and provided as follows: ...
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