77 S.E. 716 (S.C. 1913), Barbot v. Thompson

Citation77 S.E. 716, 94 S.C. 3
Opinion JudgeWATTS, J.
AttorneyLegare Walker, of Summerville, for appellant. Logan & Grace, of Charleston, for respondent.
Case DateMarch 15, 1913
CourtSupreme Court of South Carolina

Page 716

77 S.E. 716 (S.C. 1913)

94 S.C. 3




Supreme Court of South Carolina

March 15, 1913

Appeal from Common Pleas Circuit Court of Dorchester County; H. F. Rice, Judge.

Submission of controversy without action by Decimus C. Barbot, as executor of Christina P. Le Bleux, against Fannie B. Thompson. From a decree for plaintiff, defendant appeals. Affirmed.

The circuit court decree mentioned in the opinion was as follows:

"The above-stated matter is a controversy without action submitted to me at the October, 1912, term of the court of common pleas for Dorchester county.

"It appears from the recitals in the moving papers that the plaintiff contracted to sell to the defendant, for the sum of $3,100 in cash, a certain tract or parcel of land in said county containing 215 acres, more or less, more particularly described in the said moving papers. It further appears that in 1866 one Henry Bulwinkle by deed conveyed the said tract, along with several other [94 S.C. 4] tracts, to one Louis F. Le Bleux, subject to certain uses and trust as follows: 'In trust nevertheless, to and for the joint use, benefit, and behoof of the said Louis F. and Christina Le Bleux for and during the full end and term of their natural lives not subject to any future debts, contracts, liabilities, and engagements of the said Louis F. Should the said Christina survive her husband, the said Louis F., in such case power and authority is given unto her to grant and convey by deed, or devise by last will and testament, the aforesaid estate to such persons and in such manner as she may appoint. Upon the death of the survivor without deed or last will and testament executed as herein before provided for, the estate to be held and enjoyed by Mrs. Anna L. Le Bleux for and during the full end and term of her natural life, and after her death and the death of Louis and Christina the remainder of the estate to be then equally divided between the children of John Chartrand and Phillip Chartrand living at the death of the survivor of them, their heirs and assigns forever.'

"Christina P. Le Bleux survived her husband and Mrs. Anna L. Le Bleux, and thereafter departed this life, leaving of force her last will and testament, in which, after several bequests of personalty, she provides: '3rd. It is my will that my executor herein named shall sell at public or private sale all the rest of my estate, real and personal, not herein specifically bequeathed or reserved, at such times and places in this state, and upon such terms as he may deem proper; and he shall have full power to make and execute titles for the real estate to the purchaser.' The testatrix then provides how the moneys derived from the sales by the executor shall be disposed of. A part of the corpus is to be paid to certain persons named, and a part thereof is to be invested by the executor and the interest paid by him

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to certain other persons, until certain contingencies occur, when the whole of the remainder of the [94 S.C. 5] corpus of the said funds are to be paid over by the executor to certain parties named by the testatrix. D. C. Barbot, the plaintiff, was named as executor, and duly qualified. The will was duly probated.

"The said Decimus C. Barbot has duly tendered to the defendant a title from himself as executor of the said will, conveying to her in fee simple the said tract of land for the consideration of $3,100, but she refused, and still refuses, to accept the title so tendered her, or to pay the said purchase money,...

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