Legal Opinion

Weathersbee v. Weathersbee

Supreme Court of South Carolina

Decided November 24, 1908No. 7065PublishedCited by 4 opinions

Before Gage, J., Barnwell, February, 1907. Two actions: (1) by Mattie C. Weathersbee et al. against M. F. Weathersbee et al.; (2) Annie E. Weathersbee et al. against M. F. Weathersbee et al. From Circuit decree, both plaintiffs appeal. The portion of the will in question is: Second.

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Before Gage, J., Barnwell, February, 1907. Two actions: (1) by Mattie C. Weathersbee et al. against M. F. Weathersbee et al.; (2) Annie E. Weathersbee et al. against M. F. Weathersbee et al. From Circuit decree, both plaintiffs appeal. The portion of the will in question is: Second. “The major part of my homestead lot in said town of Williston, containing five acres more or less, about two and. three-fourths acres- in one part, and some three acres in another part — it being divided by a street of said town and adjoin said street, the public road and lands of J. H. Sprawls — also all my…

1Opinion of the Court

The opinion of the Court was de-. livered by

Mr. Chiee Justice Pope.

In the two foregoing cases Judge George W. Gage made the following decree: “The cause first entitled is an action for dower. The cause next entitled is for partition. The subject of the action is the same in both causes; and so are the parties, except Annie C., plaintiff, and widow in the first case, and Madelle Weathers-bee, who is defendant in the last case.

“The subject of the actions is a plantation containing 530 acres, a house and lot at Williston described as the homestead lot, three brick stores at Williston, and a…

2Cases cited3 opinions

  1. Smith v. OglesbySupreme Court of South Carolina · 1890
  2. Woodward v. ElliottSupreme Court of South Carolina · 1887
  3. Smith v. TannerSupreme Court of South Carolina · 1890

3Cited by4 opinions

  1. Smith v. WilliamsSupreme Court of South Carolina · 1927
  2. Norton v. Planters Fertilizer & Phosphate Co.Supreme Court of South Carolina · 1945
  3. Turner v. Washington Realty Co.Supreme Court of South Carolina · 1923
  4. Ex Parte ClarkSupreme Court of South Carolina · 1923

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