Lyles v. Lyles
Supreme Court of South Carolina
This was an appeal from the Ordinary to the Court of Common Pleas. Tried before Mr. Justice Richardson, at Fairfield, Spring Term, 1820. The Ordinary refused to admit to probate the paper proposed, as the last will and testament of Arromanus Lyles, deceased, upon the ground, that as it purported to be a deed, it ought to have had all the forms of a perfect deed, or it could not operate as a will.
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This was an appeal from the Ordinary to the Court of Common Pleas. Tried before Mr. Justice Richardson, at Fairfield, Spring Term, 1820. The Ordinary refused to admit to probate the paper proposed, as the last will and testament of Arromanus Lyles, deceased, upon the ground, that as it purported to be a deed, it ought to have had all the forms of a perfect deed, or it could not operate as a will. The paper was in the following words : “ State of South Carolina: “ Whereas, I, Arromanus Lyles, senior, of Fairfield District, and State aforesaid, do intend to intermarry with Susanna Fennel or…
1Opinion of the Court
The opinion of the Court was delivered by
RichaRDSON, J.
The Court charged the jury, that there is no particular form required for a will;1 that whether the paper in question could be considered as the last will of A. Lyles, or not, depended upon his intention. 1 Mod. 117. 2 Ves. sen. 441, 226. Swin. 14. 4 Equity, 611. Phillimore, 1, 9, 10, 11. Cow. 600. 1 Bac. 299, 300. That the intention should appear either from the instrument itself, or from extrinsic testimony, and that it was not indispensable, that the testator should have originally executed it as and for a will, provided he had…
2Cited by4 opinions
- Clay v. LaytonMichigan Supreme Court · 1903
- Ferguson v. FergusonTexas Supreme Court · 1864
- Madden v. MaddenSupreme Court of South Carolina · 1961
- Estate of Williams, Superior Court of California, County of San Francisco1895