Dukes v. Faulk
Supreme Court of South Carolina
Before Witherspoon, J., Charleston, November, 1891. This was an action by Oscar F. Dukes aud others against John Faulk and others.
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Before Witherspoon, J., Charleston, November, 1891. This was an action by Oscar F. Dukes aud others against John Faulk and others. The report of Master Sass was as follows : Dorcas Elmore, late of Charleston, died many years ago, leaving in force her last will and testament, a 'copy of which, is hereto attached and marked exhibit “A.” The will was admitted to probate, 10th Januarjq 1827. By said will, she devised the property, the subject of this suit, to her son, Stent Elmore, and her daughter-in-law, Emelia Elmore, wife of said Stent Elmore (called in the will “step-daughter”), for life,…
1Opinion of the Court
The opinion of the court was delivered by
Mu. Justice Pope.
This action came on to be heard by his honor, Judge Witherspoon, at the fall term, 1891, of the Court of Common Pleas for Charleston County, and on the 4th day of January he filed his decree. From this decree an appeal has been taken by two sets of defendants, viz., the Thomas minors and the Dukes minors. There is no question of fact in*263volved; the appeal relates solely to questions of law, which grow out of the following provision of the last will and testament of Mrs. Dorcas Elmore, of the city of Charleston, in this State, who died…
2Cited by20 opinions
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