Trout v. Burnett
Supreme Court of South Carolina
Before Shipp, J., Spartanburg, April, 1914. Action by J. W. Trout, plaintiff-respondent, against Stanley Burnett, Flavius Burnett, Joyce Burnett, Ruby Burnett and Eleanor Burnett, defendants-respondents, and Iris Wilson, Ralph McMillan and Nannie McMillan, defendants-appellants.
Read the full summary
Before Shipp, J., Spartanburg, April, 1914. Action by J. W. Trout, plaintiff-respondent, against Stanley Burnett, Flavius Burnett, Joyce Burnett, Ruby Burnett and Eleanor Burnett, defendants-respondents, and Iris Wilson, Ralph McMillan and Nannie McMillan, defendants-appellants. The facts are stated in the master’s report, which is as follows: “Mrs. Nancy D.’McClure died intestate in 1910, seized and possessed of a tract of 88 acres of land, about eight miles north of the city of Spartanburg, and owning a small personal estate. This suit is brought by plaintiff, her eldest son, for the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was a suit brought to partition the lands of Nancy D. McClure, who died intestate in 1910. She left surviving her as her heirs at law the respondents, who are her son and the children of a predeceased son. The appellants are the children of a predeceased daughter, who was an illegitimate daughter of Nancy D. McClure. The only question involved in the appeal is: “Do the children of Ella McMillan, born Ella Trout, who was an illegitimate daughter of Nancy D. McClure, take as heirs of the estate of their grandmother, Nancy D.…
2Cited by3 opinions
- Gibson v. RikardSupreme Court of South Carolina · 1928
- State v. ChavezNew Mexico Supreme Court · 1938
- Southall v. GloverSupreme Court of South Carolina · 1923