Legal Opinion

Avinger v. Avinger

Supreme Court of South Carolina

Decided April 11, 1921No. 10600PublishedCited by 14 opinions

Before Peurifoy, J., Orangeburg. Action by D. W. Avinger et al. against Charles Avinger et al. for partition of real estate.

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Before Peurifoy, J., Orangeburg. Action by D. W. Avinger et al. against Charles Avinger et al. for partition of real estate. From Judgment for defendants, Ethel V. Sheider et al., the plaintiffs and 'the defendants, Charles Avinger et al., appeal. cite: The will created a vested remainder; the contingency never having become effective: 102 S. C. 240. cites: Remainder did not become vested at testator’s death as it was impossible to determine those of the heirs who ivould take at the falling in of the life estate: 10 S. C. 387; 113 S. C. 378; 102 S. E: 643'; 101 S. E. 738 (N. C.)

1Opinion of the Court

April 11, 1921. The opinion of the Court was delivered by This is an action for partition of certain lands, and involves the construction of a will. About the year 1889. Daniel Avinger departed this life, leaving of force his last will and testament, which (omitting the formal parts thereof), is as follows:

"The residue of my estate, real and personal, I give, bequeath and dispose of as follows, to-wit: To my beloved wife, the land and appurtenances situated thereon, during the term of her natural life, and after her death to be divided equally among my heirs; or, in case my wife ceases to be…

2Cases cited11 opinions

  1. Doe v. ConsidineSupreme Court of the United States · 1868
  2. Walker v. AlversonSupreme Court of South Carolina · 1910
  3. Golladay v. KnockIllinois Supreme Court · 1908
  4. McFadden v. McFaddenSupreme Court of South Carolina · 1917
  5. Brown v. McCallSupreme Court of South Carolina · 1895

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. National Union Bank v. McNealSupreme Court of South Carolina · 1928
  2. Strother v. FolkSupreme Court of South Carolina · 1922
  3. Busby v. BusbySupreme Court of South Carolina · 1927
  4. Wannamaker v. South Carolina State BankSupreme Court of South Carolina · 1935
  5. Board of Directors of Theological Seminary v. LowranceSupreme Court of South Carolina · 1923

9 more not listed; retrieve them via the Exa API.

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