Rowell v. Hyatt
Supreme Court of South Carolina
Before Prince, J., Dillon, Spring term, 1917. Action by J. D. Rowell and others against D. H. Hyatt and others. Judgment for plaintiffs, and defendant named ■appeals. This is an action by plaintiffs, children of John Rowell, to recover possession of a tract of land devised in the will of their grandfather, William Rowell, in terms as follows: “Item First.
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Before Prince, J., Dillon, Spring term, 1917. Action by J. D. Rowell and others against D. H. Hyatt and others. Judgment for plaintiffs, and defendant named ■appeals. This is an action by plaintiffs, children of John Rowell, to recover possession of a tract of land devised in the will of their grandfather, William Rowell, in terms as follows: “Item First. I give to my wife, Leda, and bequeath to her all my personal estate, after the payment of my debts of every name and kind except so much as I shall hereafter dispose of in this instrument during her natural life and at her absolute disposal…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
1 The devise 'to John was a life estate, with remainder to his children. Testator defined the word “heirs,” as he used it, to mean “children.” That obviates the necessity for construction, which would only confuse what he made plain, to^ wit, his intention that John should have only a life estate, with remainder to his children.
2 Appellant contends, however, that the record of the will in the “will book” was different from the original, in that testator’s definition of the word “heirs” was omitted, and that, as purchasers for value…
2Cases cited7 opinions
- Rice v. BambergSupreme Court of South Carolina · 1901
- Carr v. MouzonSupreme Court of South Carolina · 1912
- Merck v. MerckSupreme Court of South Carolina · 1913
- Parr v. LindlerSupreme Court of South Carolina · 1893
- Green v. IredellSupreme Court of South Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Green v. GreenSupreme Court of South Carolina · 1947
- In Re ButlerDistrict Court, W.D. Virginia · 1937
- Glenn v. WorthySupreme Court of South Carolina · 1933
- Phipps v. HardwickSupreme Court of South Carolina · 1979
1 more not listed; retrieve them via the Exa API.