Steele v. Smith
Supreme Court of South Carolina
Before Gage, J., York, Action by Susan A. Steele et al. against Alice Smith and Susan R. Smith. From judgment for plaintiffs, defendants appeal. Messrs. Spencers & Dunlap cite: Rule in Shelley’s case applicable: 2 Rich. Eq., 52; 1 Pres, on Ests., 263. The tzuo limitations here by the same instrument: 1 Fearne, 79; 2 Wash., R. P., 598; Perry on Trusts, sec. 248; Hill on Trustees, 67. The two limitations here of same quality: 18 S. C., 189; 1 Speer E., 365; 1 Pres.
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Before Gage, J., York, Action by Susan A. Steele et al. against Alice Smith and Susan R. Smith. From judgment for plaintiffs, defendants appeal. Messrs. Spencers & Dunlap cite: Rule in Shelley’s case applicable: 2 Rich. Eq., 52; 1 Pres, on Ests., 263. The tzuo limitations here by the same instrument: 1 Fearne, 79; 2 Wash., R. P., 598; Perry on Trusts, sec. 248; Hill on Trustees, 67. The two limitations here of same quality: 18 S. C., 189; 1 Speer E., 365; 1 Pres. Ests., 384; 2 Jarman on Wills, 245, 195, 150; Perry on Trusts, 369, 372, 308; 4 Kent, 219; 2 Fearne, 369a; 57 Md., 67; 48 S. C.,…
1Opinion of the Court
January 8, 1910. The opinion of the Court was delivered by This appeal involves the construction of the deed executed November 16, 1860, in the presence of three witnesses by John Steele, Sr., to Joseph A. Steele, as trustee, conveying a tract of four hundred and ninety-four acres in York county. The deed recites that it is in consideration of love and affection for his sons and grandson named, and conveys to Joseph A. Steele, his heirs and assigns forever, with covenants of warranty, the land in question:
"In trust as to the one-half of said piece, parcel or tract of land, to stand seized and…
2Cases cited9 opinions
- Young v. McNeillSupreme Court of South Carolina · 1907
- Ayer v. RitterSupreme Court of South Carolina · 1888
- Holmes v. PickettSupreme Court of South Carolina · 1898
- Reynolds v. ReynoldsSupreme Court of South Carolina · 1901
- Ellen v. EllenSupreme Court of South Carolina · 1881
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