Powers v. McEachern
Supreme Court of South Carolina
This was an action by Charles Powers and others against James A. McEachern and others. The case on which the appeal was' heard is contained in the decree of the Circuit Court, the amendment agreed on by counsel and the will of John G. Powers, below set forth. The decree of the Circuit Court is as follows : Townsend, J. John G. Powers died in 1867, leaving a considerable real and personal estate.
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This was an action by Charles Powers and others against James A. McEachern and others. The case on which the appeal was' heard is contained in the decree of the Circuit Court, the amendment agreed on by counsel and the will of John G. Powers, below set forth. The decree of the Circuit Court is as follows : Townsend, J. John G. Powers died in 1867, leaving a considerable real and personal estate. Soon after his death letters of administration' upon his personal estate were duly granted to Sidney E. Cole. Some time in 1869 the last will and testament of John G. Powers was discovered and…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
If the order directing the issue to the jury to determine the identity of the persons intended by the will of the testator, Powers, to be the objects of his bounty was erroneous, the appellants, by interposing no objection in the Court below, are precluded from submitting any exception here. So, too, as to the grounds, which charges error in receiving evidence de hors the will. The competency of such testimony was not resisted on the trial, and its admission, therefore, cannot be now questioned. — Abrahams & Son vs. Kelly, 1 S. C., 235;…
2Cited by1 opinion
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