Trezevant v. Estate of Osborn
Supreme Court of South Carolina
Special verdict, found by a jury of inquest, pursuant to the act of assembly concerning escheats, referred to the decision of this court.
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Special verdict, found by a jury of inquest, pursuant to the act of assembly concerning escheats, referred to the decision of this court. The jury found, that pursuant to the escheat act, the act to vest in certain charitable societies certain escheats, and the act to authorize the City Council to appoint ah escheater, Henry Osborn, late of, &c., was, by birth, a British subject; that he became a naturalized citizen of the United States in 1789; that he purchased lands in St; Philip’s parish, and obtained a title in fee siml pie, in 1793, from an American citizen ; that he had possession of…
1Opinion of the CourtBrevard, J.
The principle on which this case depends, was settled in Halliburton’s case, which was decided in this court, at the sittings in Charleston, in January, 1810.
Henry Osborn, whose estate is claimed as an escheat, was, at the time of his death, a citizen of the United States. His brothers, Richard and Thomas Osborn, who claim the estate as his next heirs, by descent, were born in Ireland, before the year 1776, and always remained British subjects.
By the Declaration of Independence, the United States became' an independent nation ; and all who did not acknowledge the independence and sovereignty…
2Cases cited2 opinions
- Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
- Lessee of Jackson v. BurnsSupreme Court of Pennsylvania · 1810