Legal Opinion

Gibson v. Gibson

Supreme Court of South Carolina

Decided January 26, 1920No. 10319PublishedCited by 1 opinion

Action by B. O. Gibson and others against Delle Nora Gibson and others. From judgment for plaintiffs, defendants appeal.

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Action by B. O. Gibson and others against Delle Nora Gibson and others. From judgment for plaintiffs, defendants appeal. The following is the master’s report: On October 28, 1899, Frances J. Salley, late of the county of Orangeburg, in this State, departed this life, leaving of force her last will and testament, which was duly admitted to probate in the office of the Judge of probate for this county, and is as follows: (See will as set out in opinion.) The executors named in the said will, O. Brice Salley and-Boyce O. Salley, duly qualified, and letters testamentary were issued to them in due…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Eraser.

The appellants, in their argument, say:

“This appeal presents but a single question for determination by this Court: Shall the word ‘heirs’ in the will of Frances J. Salley, deceased, be changed by the Court to read and mean ‘children ?’ The master concluded that the word ‘heirs’ should be changed to read and mean ‘children;’ and, upon exceptions and against our objection, Hon. John S. Wilson, presiding Circuit Judge, confirmed without comment this conclusion by his decree.”

The will of Frances J. Salley is as follows:

“State of South…

2Cited by1 opinion

  1. Durant v. ReamesSupreme Court of South Carolina · 1927

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