McFadden v. McFadden
Decision Date | 29 March 1917 |
Docket Number | 9663. |
Parties | MCFADDEN v. MCFADDEN ET AL. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Clarendon County; Geo. E Prince, Judge.
Suit by C. F. McFadden against Lena E. McFadden and others. From a decree, plaintiff appeals. Reversed.
The following is the decree of trial court:
R. D. Epps and Raymon Schwartz, both of Sumter, for appellant.
Purdy & O'Bryan, of Manning, for respondents.
This is an action for specific performance, and the appeal involves the construction of a will. The facts are fully stated in the decree of his honor the circuit judge. The vital question in the case is whether the rights of the "heirs" are to be determined with reference to the time of the testator's death, or the death of his respective children...
To continue reading
Request your trial-
Gardner v. Vanlandingham
... ... Dorrence v. Green, 41 R. I, 444, 104 A. 12; ... Kellett v. Shepard, 139 Ill. 442, 34 N.E. 245; ... Oulton v. Kidder, 128 A. 674; McFadden v ... McFadden, 107 S.C. 101, 91 S.E. 986; Brown v ... Spring, 241 Mass. 565, 135 N.E. 701; Schlater v ... Lee, 177 Miss. 701, 78 So. 700; ... ...
-
Strother v. Folk
... ... the death of the testator; and, as none of the children were ... then living, none could take under the will. McFadden v ... McFadden, 107 S.C. 101, 91 S.E. 986; Avinger v ... Avinger, 116 S.C. 125, 107 S.E. 26; Holley v ... Still, 91 S.C. 487, 74 S.E ... ...
-
Manigault v. Bryan
...life, but fails to dispose of the remainder, such remainder will vest in testator's heirs, as of the time of his death. McFadden v. McFadden, 107 S.C. 101, 91 S.E. 986; Lawrence v. 109 S.C. 416, 96 S.E. 144; Busby v. Busby, 142 S.C. 395, 140 S.E. 801; Boyce v. Mosely, 102 S.C. 361, 86 S.E. ......
-
National Union Bank of Rock Hill v. McNeal
...or those who can bring themselves within the class of heirs at the death of the beneficiary, Cornelia Currence. In McFadden v. McFadden, 107 S.C. 101, 91 S.E. 986, there was a devise to life tenants, then over to the of testator, with the further provision that, if any of said children shou......