Price v. Ouiga Realty Co.
Supreme Court of South Carolina
Action for specific performance by Thomas J. Price, as executor of the estate of Julia Jughot against the Ouiga Realty Company.
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Action for specific performance by Thomas J. Price, as executor of the estate of Julia Jughot against the Ouiga Realty Company. Judgment for plaintiff, and defendant appeals. submit: Thai while the tetstatrix in the opening clause of her will did declare her full intention of exercising the power of appointment given io her under the will of her uncle, yet, such power was not executed by the use of the following langicage: “All the rest and residue of my estate of which I may die seized and possessed of or which I may hereafter acquire, both real and personal, of every kind and description,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
This is an action for specific performance of a contract for the sale of a house and lot. Defendant is willing to perform if plaintiff can make a good title, but questions the title on the sole ground that the power of appointment, which was conferred upon plaintiff’s testatrix by the will of Etienne Poincignon, was not exercised, so as to vest the title in plaintiff.
In 1873, Etienne Poincignon devised the property to- Julia Jr^not for life, remainder to her children or grandchildren, and in case of her death, leaving no child or…
2Cases cited1 opinion
- Burkett v. WhittemoreSupreme Court of South Carolina · 1892
3Cited by2 opinions
- Thomson v. EhrlichSupreme Court of South Carolina · 1928
- Hakalau v. De La NuxHawaii Supreme Court · 1939