McDowell v. Russell
Supreme Court of South Carolina
Before Gage, J., Kershaw, May, 1901. Action by Allison A. McDowell against Wm. P. Russell, Elizabeth Young el al. From Circuit decree in favor of plaintiff, defendant appeals.
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Before Gage, J., Kershaw, May, 1901. Action by Allison A. McDowell against Wm. P. Russell, Elizabeth Young el al. From Circuit decree in favor of plaintiff, defendant appeals. The will in question here is as follows: “I Archibald McDowell, being weak and low in body but in sound and perfect mind memory and understanding, do make publish and declare this to 'be and contain my last will and testament hereby revoking disallowing and disannuling all wills -and testaments by me made and executed and declare this to be and contain my last will and testament. “My worldly estate after payment and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chile Justice McIver.
This action was brought to recover possession of certain real estate (250 acres of land on which the testator, Archibald McDowell, resided) and certain personal property mentioned in the complaint. The plaintiff claims title to said property under the will of his father, Archibald McDowell, and under a deed from his sister, Martha McDowell, conveying to him in fee simple the said land. The defendants, who are the grand-children of the said Archibald McDowell, claim that the said property was devised and bequeathed to the said…
2Cited by2 opinions
- Miller v. WrotonSupreme Court of South Carolina · 1908
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