Cannon v. Baker
Supreme Court of South Carolina
Before Spain, J., Action by W. S. Camion against Elizabeth L. Baker and others, to recover possession of an undivided interest in real property, and partition thereof. Issue of title was submitted to' a jury, and resulted in a verdict for the defendant. From the judgment entered thereon plaintiff appeals. The facts are stated in the opinion of the Court. Devisees under will of Andrew Dunbar took fees conditional: Ambiguous clauses cannot control former express gift: 120 Am.
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Before Spain, J., Action by W. S. Camion against Elizabeth L. Baker and others, to recover possession of an undivided interest in real property, and partition thereof. Issue of title was submitted to' a jury, and resulted in a verdict for the defendant. From the judgment entered thereon plaintiff appeals. The facts are stated in the opinion of the Court. Devisees under will of Andrew Dunbar took fees conditional: Ambiguous clauses cannot control former express gift: 120 Am. St. Rep. 734; 32 Am. St. Rep'. 167. The whole will must be construed together: 1 DeS. 135; Bailey Eq. 9; 26 S. C. 454; 3…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Andrew Dunbar made the following will:
“State of South Carolina, Barnwell District.
In the name of- God. Amen.
I, Andrew Dunbar, of said State and district, of feeble body but of sound mind and disposing memory, do make, ordain and publish this, my last will and testament:
First. I will and desire all my just debts be paid.
Secondly. I will and bequeath unto my niece, Caroline F. Frentis, and nephews, Frankline I. Boyd, Robert D. Boyd, Reuben A. Boyd and Jefferson W. Boyd, my tract of land known as the.mill land, to be equally divided to…
2Cases cited2 opinions
- Amaker v. NewSupreme Court of South Carolina · 1890
- Jackson v. PlylerSupreme Court of South Carolina · 1893
3Cited by12 opinions
- Smith v. WilliamsSupreme Court of South Carolina · 1927
- Cit. Bk. of Darlington v. McDonaldSupreme Court of South Carolina · 1943
- Baker v. Mutual Loan & Investment Co.Supreme Court of South Carolina · 1950
- Fidelity-Bankers' Trust Co. v. LittleSupreme Court of South Carolina · 1935
- McCaslin v. WillisMississippi Supreme Court · 1944
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