Legal Opinion

Wilson v. Gordon

Supreme Court of South Carolina

Decided December 22, 1905PublishedCited by 28 opinions

Before J. E. McDonald, special Judge, Abbeville. Action by M. Harvey AVilson, in'his own right, and as administrator of Jane D. Gordon et al. against Evans Gordon, Georgia C. Miller et al. From Circuit decree, the plaintiff and certain defendants appeal.

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Before J. E. McDonald, special Judge, Abbeville. Action by M. Harvey AVilson, in'his own right, and as administrator of Jane D. Gordon et al. against Evans Gordon, Georgia C. Miller et al. From Circuit decree, the plaintiff and certain defendants appeal. Mr. Graydon. cites: Proof to support specific performance: 27 S-. C., 348; 22 S-. C., 367; 50 N. E., 1117. This case is zmthdn statute of frauds: 30 S. C., 613; 31 S’. C., 60 ; 37 S. C., 60'j Civil Code, 1903, secs. 3583, 3653, 3585. Part of conversation coming out in chief, all may be brought out on cross-excanination: 39 S. C., 338; Abb.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This is an action for the partition of the lands of Miss Jane L. Gordon, who' died in 1902, intestate, having destroyed her will a short time before her death. Mrs. Jane W. C'rymes, a niece, and her children, who are defendants in the cause, deny the right to partition, claiming the entire property under the allegation that Jane E. Gordon and her sister, Mary Gordon, in pursuance of a binding agreement between them', executed mutual wills, each giving to the other her entire property, with a provision in the will of each testatrix…

2Cases cited2 opinions

  1. Bruce v. MoonSupreme Court of South Carolina · 1900
  2. Williams v. MowerSupreme Court of South Carolina · 1888

3Cited by28 opinions

  1. Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970
  2. Stevens v. MyersOregon Supreme Court · 1918
  3. Canada v. IhmsenWyoming Supreme Court · 1925
  4. O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
  5. White v. McKnightSupreme Court of South Carolina · 1928

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