Legal Opinion

Rice v. Bamberg

Supreme Court of South Carolina

Decided March 8, 1904PublishedCited by 4 opinions

Before Gary, J., Barnwell, spring term, 1903. Action by Eugenia M. Rice against E. M. Bamberg. Erom judgment for plaintiff, defendant appeals. cites: Defendant and plaintiff were tenants in common through admr.: 1 Hill Ch., 357; 11 Rich. Eq., 527; 12 Rich. Eq., 454. Sale of land in question should be referred to power under will: 2 Hill Ch., 51; 1 Hill Ch., 356; 23 S. C., 514. cite: As to estate of plaintiff: Chev.

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Before Gary, J., Barnwell, spring term, 1903. Action by Eugenia M. Rice against E. M. Bamberg. Erom judgment for plaintiff, defendant appeals. cites: Defendant and plaintiff were tenants in common through admr.: 1 Hill Ch., 357; 11 Rich. Eq., 527; 12 Rich. Eq., 454. Sale of land in question should be referred to power under will: 2 Hill Ch., 51; 1 Hill Ch., 356; 23 S. C., 514. cite: As to estate of plaintiff: Chev. Eq., 87; 2 Bail., 445; Code, 1902, 2464, 2483; 2 Jar., 465; Wash.. Real Prop., 234. As to referring sale to power under will: 22 S. C., 533; 24 S. C., 491; 40 S. C., 77; 18 Ency.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Pope.

John M. Whetstone departed this life in the year 1870, leaving a wife, Mrs. Susan H. Whetstone, and her two children, Eugenia M. Whetstone, now Mrs. Rice, and Adam Whetstone, as well as John Whetstone, the only child of a predeceased wife, as his only heirs at law and next of kin. He left a will of full force at his death. Mrs. Susan H. Whetstone alone qualified as the executrix thereof. By the terms of this will it was provided that the executors should sell his steam saw mill for cash and pay his debts, but if it should turn…

2Cited by4 opinions

  1. Uzzell v. HornSupreme Court of South Carolina · 1905
  2. Spencer National Bank v. Inman MillsSupreme Court of South Carolina · 1906
  3. Rice v. BambergSupreme Court of South Carolina · 1905
  4. Rutledge v. CramptonSupreme Court of Alabama · 1907

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