Calhoun v. Furgeson
Court of Appeals of South Carolina
Before Caldwell, Ch., at Abbeville, June, 1848. The decree of his Honor, the Chancellor, is as follows: Caldwell, Ch. This case comes up on an appeal from the decree of Mr. Lesley, the ordinary of Abbeville district, on the adjustment of the estates of George Holloway, and of his wife, Rebecca Holloway, between their legal representatives. George Holloway, by his last will and testament, made on the 3d of August, 1846, devised and bequeathed as follows, to-wit: “ Item 2d.
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Before Caldwell, Ch., at Abbeville, June, 1848. The decree of his Honor, the Chancellor, is as follows: Caldwell, Ch. This case comes up on an appeal from the decree of Mr. Lesley, the ordinary of Abbeville district, on the adjustment of the estates of George Holloway, and of his wife, Rebecca Holloway, between their legal representatives. George Holloway, by his last will and testament, made on the 3d of August, 1846, devised and bequeathed as follows, to-wit: “ Item 2d. I will and bequeath to my dearly beloved wife, Rebecca, after the payment of my just debts, all my estate, both real and…
1Opinion of the Court
Johnston, Oh.
delivered the opinion of the Court.
*165The second ground of appeal was not pressed in the argument ; and is clearly untenable, according to our decisions.
The only point made under the first ground, was that the decree should not have declared Mrs. Holloway, the life-tenant, liable to re-produce, at the expiration of her life-estate, the same amount of corn which she received with the estate, or account for the value of the deficiency, (a)
It is important in the first place to determine whether the testator incended to give her the property devised to her for life, with a view to her…
2Cases cited1 opinion
- Gillespie v. MillerNew York Court of Chancery · 1820