Legal Opinion

Crompton v. Ulmer

Supreme Court of South Carolina

Decided May 15, 1820PublishedCited by 1 opinion

This was an application, at Colleton district, April Term, 1818, for a writ of partition, to divide the real and personal estate of Peter Ulmer, deceased, according' to the disposition of the last will and testament of the deceased. The testator, by his will, left all his property’to be equally divided between his wife, the defendant in this case, and his children, when the youngest child should arrive to the age of fourteen.

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This was an application, at Colleton district, April Term, 1818, for a writ of partition, to divide the real and personal estate of Peter Ulmer, deceased, according' to the disposition of the last will and testament of the deceased. The testator, by his will, left all his property’to be equally divided between his wife, the defendant in this case, and his children, when the youngest child should arrive to the age of fourteen. The youngest child having arrived to that age, the demandant, who intermarried with the daughter of the testator, applied, by consent of the executrix, for a writ of…

1Opinion of the Court

The opinion of the Court was delivered by

ColcocK, J.

It is to be apprehended, that many eases of this kind have passed without notice. But upon a reference to the acts on this subject, it will be found that the Court have no authority to make partition in such case.

The Act1 of 17 91, 1 Faust, 23, 1 Brev. Dig. 422, most clearly and exclusively relates to the distribution of the estates of intestates. The preamble of the Act states, that “ whereas the convention of this State, by the fifth section of the tenth article of the Constitution, passed the third day of June, in the year of our Lord one…

2Cited by1 opinion

  1. Holley v. GloverSupreme Court of South Carolina · 1892

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