Legal Opinion

Blount v. Walker

Supreme Court of South Carolina

Decided April 15, 1889PublishedCited by 19 opinions

Before Hudson, J., Richland, July, 1888. On December 5, 1885, Sarah J. Harris died, leaving of force her will, which was as follows : The State oe South Carolina. In the name of God. Amen. I, Sarah J. Harris, widow, of the city of Columbia, in the State aforesaid, being of sound mind, memory, and understanding, do make, publish, and declare this my last will and testament.

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Before Hudson, J., Richland, July, 1888. On December 5, 1885, Sarah J. Harris died, leaving of force her will, which was as follows : The State oe South Carolina. In the name of God. Amen. I, Sarah J. Harris, widow, of the city of Columbia, in the State aforesaid, being of sound mind, memory, and understanding, do make, publish, and declare this my last will and testament. Item I. I give, bequeath, and devise to my nephew, Julius H. Walker and his heirs, to the use of the said J. H. Walker and his heirs, all the estate, real and personal, of which I may die seized, possessed, and entitied to…

1Opinion of the Court

The opinion of the court w'as delivered by

Mr. Justice McIver.

The fundamental question in the case, as it seems to me, is, what estate did the trustee take under the will of Mrs. Harris ? If he took an estate in fee, then there can be no intestacy, for the testatrix devises her whole estate to the trustee and there was no room for any intestacy. If, however, the trustee took an estate only for the life of Mrs. Blount, then, as the ulterior limitations after the death of the life tenant have failed by reason of her dying without issue, and without executing the power of appointment, there is a…

2Cited by19 opinions

  1. Sorrells v. McNallySupreme Court of Florida · 1925
  2. Vaughan v. LangfordSupreme Court of South Carolina · 1908
  3. Dennis v. Omaha National BankNebraska Supreme Court · 1951
  4. McDonald v. MungerNebraska Supreme Court · 1936
  5. Scott v. Powell, and Four Other CasesCourt of Appeals for the D.C. Circuit · 1950

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