Davis v. Milady
Supreme Court of South Carolina
Before Spain, J., Richland, April term, 1913. Action by F. G. Davis, Admr., with the will of John Milady annexed, against Susan'Milady et al. Defendant Trannie Cooper appeals.
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Before Spain, J., Richland, April term, 1913. Action by F. G. Davis, Admr., with the will of John Milady annexed, against Susan'Milady et al. Defendant Trannie Cooper appeals. The master’s report is: “Said John Milady, deceased, undertook to dispose of his property, as aforesaid, by his will, as follows, to wit: ‘After the payment of his just debts, to Trannie Cooper the tract above mentioned set off to him as homestead, and the remainder of his real and personal property to his wife, Susan Milady, but should she die or marry again, then upon her death or remarriage all his said real estate…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
John Milady acquired a tract of land in 1900. It was assigned to him as a homestead in 1903 and the assignment recorded. He died in 1910, survived by a widow, Susan Milady; and his next of kin were some cousins, owing no debts contracted prior to 1896 and leaving of force a will whereby he devised this tract of land to a stranger without assent, written or otherwise, of his surviving widow. This action was commenced to obtain a construction of the will of John Milady. All issues of law and fact were referred to A. D. McFadden, Esq.,…
2Cases cited9 opinions
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- Griffith v. GriffithSupreme Court of Florida · 1910
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