McLeod v. Tarrant
Supreme Court of South Carolina
Before Hudson, J., Greenville, April, 1892. This was an action for partition by the heirs at law of A. B. McGilvary, who died in 1863, against the devisees of Nancy McGilvary, who died in 1891. The Circuit decree was as follows: This cause came to trial before me upon exceptions to the master’s report.
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Before Hudson, J., Greenville, April, 1892. This was an action for partition by the heirs at law of A. B. McGilvary, who died in 1863, against the devisees of Nancy McGilvary, who died in 1891. The Circuit decree was as follows: This cause came to trial before me upon exceptions to the master’s report. The facts are as follows: Stephen Holloway, late of the county and State aforesaid, departed this life in 1844, leaving a will by which he devised the land, sought in this action to be partitioned, to his wife, Nancy Holloway, for life; remainder, one-half in fee to said wife, and the other…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pore.
There are only two questions raised by this appeal. First: Whether the habendum in a deed, whereby an estate in land is provided for a man and his wife and their heirs and assigns, can be so construed to enlarge the premises in such deed, wherein the husband alone is granted an estate in such land, as that the estate in such land is vested in both husband and wife. Second: If so, and the wife survive the husband, whether she becomes seized of such land as an estate in entirety. The Circuit Judge, by his decree, answered the first…
2Cited by10 opinions
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- Green v. CannadySupreme Court of South Carolina · 1907
- Wilson v. PostonSupreme Court of South Carolina · 1924
- United States v. 31,600 Acres of LandDistrict Court, E.D. South Carolina · 1942
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