Bermingham v. Forsythe
Supreme Court of South Carolina
Before Witherspoon, J., Charleston, July, 1886. This was an action by M. E. Bermingham against the executor and legatees and devisees of W. C. Forsythe, deceased.
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Before Witherspoon, J., Charleston, July, 1886. This was an action by M. E. Bermingham against the executor and legatees and devisees of W. C. Forsythe, deceased. The claim was for wages due plaintiff by deceased down to June 1, 1883, and running back prior to 1876. The claim was proved, inter alia, by a memorandum. book covering entries for these several years, with interest on annual balances, and a balance struck on June 1, 1883, of $1,999.04, which includes an item of $122.67, interest on the amounts entered above it. Whether any or all of these entries were in the handwriting of…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIyer.
On or about July 6, 1883, W. C. Forsythe, late of the city of Charleston, South Carolina, departed this life, leaving a will, of which the defendant, Augustine T. Smythe, duly qualified as executor on August 8, 1883. By his will the testator gave to his wife, Rosetta S. Forsythe, all of his real estate for life, with remainder to his daughter, Matilda, now the wife of the defendant, James Cosgrove, jr., and he also gave to his said wife alsolutely all his household furniture, silverware, &c. To his son, Samuel W. Forsythe, he gave…
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