Boyles v. Wagner
Supreme Court of South Carolina
Before Prince, J., Barnwell, April term, 1911. Two actions: (1) J. F. Boyles et al against F. W. Wagener et al.; (2) J. F. Boylés et al. against Mamie Sanders.
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Before Prince, J., Barnwell, April term, 1911. Two actions: (1) J. F. Boyles et al against F. W. Wagener et al.; (2) J. F. Boylés et al. against Mamie Sanders. Plaintiffs appeal. cite: Construction must include whole instrument: 26 S. C. 464; 30 Ency. 663; 2 Black. 307. Trustees took legal title to protect property from sale for debts of beneficiaries: 1 Hill 413, 78 S. C. 149. Heirs of the body should be construed as purchasers: 2 McC. 62. Law will imply estate in trustee: 1 McC. 7, 79; 41 S. C. 212; 61 S. C. 162. Children of testator take an equitable estate: 39 S. C. 144. cite: Children…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The will of Henry Boyles, probated October 35, 1873, contained these provisions: “It is ray will and desire that the whole of my estate, both real and personal, be kept together until my youngest daughter, Florence Boyles, shall arrive at the age of 31 years, marries or dies.
“When my said daughter, Florence Boyles, shall arrive at the age of 31 years, marries or dies, whichever shall first happen, then and in that case, it is my will and desire that the whole of my estate, both real and personal, shall be divided equally among my…
2Cited by4 opinions
- Burriss v. BurrissSupreme Court of South Carolina · 1916
- Dukes v. ShulerSupreme Court of South Carolina · 1938
- Bonds v. HutchisonSupreme Court of South Carolina · 1942
- United States v. 15,883.55 Acres of LandDistrict Court, D. South Carolina · 1942