Roberts v. Herron

• Decision Date: 10 September 1907
• Citation: 58 S.E. 968,78 S.C. 115
• Parties: ROBERTS v. HERRON et al.
• Court: South Carolina Supreme Court

58 S.E. 968

78 S.C. 115

ROBERTS v. HERRON et al.

Supreme Court of South Carolina

September 10, 1907

Appeal from Common Pleas Circuit Court of Charleston County; Watts Judge.

Action by Catherine Roberts, in her own right, and as administratrix, against Mary Ella Herron and another executors of William A. Herron. Decree for plaintiff, and defendants appeal. Affirmed.

Jno. B Edwards, for appellants.

Buist & Buist, for respondent.

GARY A. J.

This is an action for partition, and involves the construction of a will.

William A. Herron died on the 3d of November, 1893, leaving of force his last will and testament, which contained the following clauses: "1st. I give, devise and bequeath to my wife Mary Ella Herron, the following pieces of property, to wit: House and lot, No. 84, north side of Morris street; house and lot, No. 82, north side of Morris street; house and lot, No. 80, north side of Morris street; houses and lots, Nos. 1 and 2, De Reef's Court. Tohave and to hold the same until my two children, Mary and William, shall become of age, then to be divided in equal shares between my wife and my two children named above, and to share and share alike. *** 3d. House and lot, No. 80 Morris street, now occupied by Mrs. Vanderhost, I desire her to remain during her lifetime, and after her death then to revert to my wife, Mary Ella Herron, and to my two children, Mary and William." The facts are thus stated in the report of the master: "That the said William A. Herron left surviving him, as his only heirs at law and distributees, his widow, the defendant, Mary Ella Herron, who was his second wife, and his two children, Mary Crum Herron and William Herron, whose mother, Almona Isabel Herron, who was the daughter of the plaintiff herein, was the first wife of the said William A. Herron. Mary Crum Herron died intestate, unmarried, under age, and without issue, on or about the 1st day of February, 1901, leaving as her only heir at law and distributee her brother, the said William Herron. On the 22d day of October, 1904, the plaintiff, Catherine E. Roberts, who was the grandmother of Mary Crum Herron and William Herron, was duly appointed administratrix of the estate of Mary Crum Herron by the judge of probate for Charleston county, and took upon herself the burthen of the administration of the said estate. William Herron died intestate, unmarried, under age, and without issue, on or about the 18th day of June, 1904, leaving as his only heir at law and distributee his grandmother, the plaintiff Catherine E. Roberts. On the 22d day of October, 1904, the said Catherine E. Roberts was duly appointed administratrix of the estate of William Herron, deceased, by the probate judge for Charleston county, and took upon herself the burthen of the administration of the said estate." The master ruled that the children of the testator-Mary Crum Herron and William Herron-took vested remainders under the will, and his report was confirmed in all respects by his honor, the circuit judge.

There are several exceptions, but they are all dependent upon the determination of the question presented by the first exception, which is as follows: "Because the said master erred in...