Gibson v. Lowndes
Supreme Court of South Carolina
This was an action by Sarah H. H. Gibson in her own right, and by D. H. Bacot, as trustee for Julia A. Bacot and her children, against Mary E. Lowndes, as executrix and in her own right, and others, instituted in Colleton County in October, 1886, and afterwards transferred by consent to Charleston County. The facts of the case and the exceptions are fully stated in the opinion of the court.
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This was an action by Sarah H. H. Gibson in her own right, and by D. H. Bacot, as trustee for Julia A. Bacot and her children, against Mary E. Lowndes, as executrix and in her own right, and others, instituted in Colleton County in October, 1886, and afterwards transferred by consent to Charleston County. The facts of the case and the exceptions are fully stated in the opinion of the court. The Circuit decree, omitting its statement, was as follows: There are three grounds on which the defence in this case relies: 1. That the real estate described in the complaint has been bona fide aliened…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
In 1865 William Henry Lowndes died leaving a will, which, however, was not admitted to probate until 1883. His widow, Mary E., was named as his executrix, *293and to her and his two daughters, Harriott K., now the wife of John O. Minott, and Mary A., now the wife of Henry D. Elliott, he devised his whole real estate in equal parts — one-third to each. The testator left no personal estate, and as the will disposed of the property precisely in accordance with the provisions of the statute of distributions, the will was not produced and…
2Cases cited1 opinion
- Mooers v. WhiteNew York Court of Chancery · 1822
3Cited by3 opinions
- In Re Estate of SmithSupreme Court of Iowa · 1949
- Anderson v. BaughmanSupreme Court of South Carolina · 1904
- In Re Allred's WillSupreme Court of North Carolina · 1915