Jones v. Massey
Supreme Court of South Carolina
This was an action by Churchill B. Jones against Sarah R. Massey and others, for partition. Th'e case was as follows: Elizabeth Massey made her last will and testament bearing date the 16th day of December, 1858, and shortly thereafter departed this life, leaving the same of force.
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This was an action by Churchill B. Jones against Sarah R. Massey and others, for partition. Th'e case was as follows: Elizabeth Massey made her last will and testament bearing date the 16th day of December, 1858, and shortly thereafter departed this life, leaving the same of force. By the first and third clauses thereof, she devised and bequeathed as follows : 1. I give, devise and bequeath to my son, James R. Massey, for and during his natural lifetime, subject to the limitations and conditions hereinafter stated, my mills, situate on the Catawba River, with 100 acres of land around the said…
1Opinion of the Court
The opinion of the Court was delivered by
Willard, A. J.
The main question to be considered arises in a provision of the will of Mrs. Elizabeth Massey, as follows : “On the partition and division of the lands and real estate, my son, James R. Massey, is to have the right, and power is hereby conferred on him, to take the said real estate and require that the said lands be vested in him at their appraised value on such partition, he accounting for the appraised value of said lands and real estate. This is, however, discretionary with my said son, James R. Massey, and he can act to suit himself…
2Cited by1 opinion
- Fitzpatrick v. WylieSupreme Court of South Carolina · 1907