Williams v. Gadsden

• Decision Date: 08 February 1918
• Docket Number: 9901.
• Citation: 95 S.E. 519,109 S.C. 228
• Parties: WILLIAMS v. GADSDEN.
• Court: South Carolina Supreme Court

95 S.E. 519

109 S.C. 228

WILLIAMS v. GADSDEN.

No. 9901.

Supreme Court of South Carolina

February 8, 1918

Appeal from Common Pleas Circuit Court of Charleston County; R. W Memminger, Judge.

Action by Eliza A. Williams against C. Deas Gadsden. From judgment for plaintiff, defendant appeals. Affirmed.

Defendant's exceptions are as follows:

(1) That his honor erred in construing the will of Paul C Grimball to the effect that the plaintiff, Eliza A. Williams took title in fee to his "Waterloo Plantation," upon the death of her father, Robert C. McFaddin, the survivor of the life tenants. It being submitted that the intention of the testator must be shown by the language used in the will, and that the said Paul C. Grimball died intestate as to the reversion of the title of the said "Waterloo Plantation" upon the death of Robert C. McFaddin, leaving a child, the issue of his marriage with Pauline C. Grimball, who attained the age of 21 years, and was married before his death.

(2) That his honor erred in holding an estate in fee in Eliza A Williams in view of the fact that said will makes absolutely no provision for the vesting of the estate in the child or children of Pauline McFaddin in case a child or children survive the said Pauline or Robert C. McFaddin and reach the age of 21 years or married, and that the said Paul C. Grimball therefore died intestate as to the remainder in said estate under the conditions which actually happened.

The parts of the will of Paul Chaplin Grim ball ordered reported are as follows:

State of South Carolina, Charleston District.

I, Paul Chaplin Grimball, of John's Island, district and state aforesaid, do hereby make and declare this to be my last will and testament:

Fourth. I give and bequeath to my sons, Isaac P. Grimball and Thomas H. Grimball, my tract of land on John's Island known as "Waterloo," and the tract of pine land belonging to it for fencing and firewood, containing together about one thousand acres, and the following negroes, (thirty-eight negroes, naming them), together with one-third of my house and yard negroes, to be held in trust for my daughter Pauline, wife of Robert C. McFaddin, and at her death for the use and benefit of her said husband, Robert C. McFaddin, during the term of his natural life, should he outlive her, subject, however, to the conditions and restrictions mentioned hereafter, the said tracts of land and negroes being intended to be set apart as a fund for the certain support of my daughter Pauline, and her children, and shall not be liable in any form or manner for the debts, liabilities, or contracts of her said husband, Robert C. McFaddin, nor of any person or persons whatsoever during her lifetime or the lifetime of her said husband, nor shall the plantation "Waterloo" be sold or exchanged, or the negroes removed or hired separately from the said plantation without the consent of both trustees in writing and by order of any court of law having competent jurisdiction. And I hereby constitute and appoint my sons, Isaac P. Grimball and Thomas H. Grimball, trustees with full power and authority to act, and I desire my said sons as trustees to put my daughter Pauline, and her husband, Robert C. McFaddin, in possession of said land and negroes as soon as my estate can be conveniently settled, and to allow them the management and control of said property with the receipt and use of the income. If the said Robert C. McFaddin should not outlive my daughter Pauline, or outliving her, should not leave at the time of his death any child or children by said daughter, or leaving such child or children by her, they should die unmarried or under the age of twenty-one years, or if my daughter Pauline, should outlive her husband, the said Robert C. McFaddin, and die leaving no child nor children by the present or any future marriage, or leaving such child or children they die unmarried or under the age of twenty-one years, then and in that case I give and bequeath the said portion of my daughter Pauline, namely, the plantation "Waterloo" and the negroes above mentioned to my sons, Isaac P. Grimball and Thomas H. Grimball, their heirs and assigns forever.

Hagood Rivers &...