Mars v. Gibert
Supreme Court of South Carolina
Before Memminger, J., Abbeville, Action by E- A. Mars et al. against Albert Gibert et al. Plaintiffs appeal. The will in question is: “State of South Carolina, Abbeville County. “In the name of God, Amen. “I, John de la Howe, of the county of Abbeville, in the State of South Carolina, M. D., being of sound and disposing mind, memory and understanding, do make, ordain and publish this my last will and testament.
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Before Memminger, J., Abbeville, Action by E- A. Mars et al. against Albert Gibert et al. Plaintiffs appeal. The will in question is: “State of South Carolina, Abbeville County. “In the name of God, Amen. “I, John de la Howe, of the county of Abbeville, in the State of South Carolina, M. D., being of sound and disposing mind, memory and understanding, do make, ordain and publish this my last will and testament. “In primis, it is my will and desire that my remains shall be buried as near as can be to the spot where those of the late Miss Rebecca Woodin are deposited, on the hill opposite to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This appeal is from an order of the Circuit Court sustaining a demurrer to the answer and granting the relief demanded in the complaint.
There is no dispute as to the facts which appear from the pleadings. Dr. John de la Howe died in Abbeville county-some time before the year 1800, leaving a will dated 2 January, 1797, which was duly admitted to- probate. He devised nearly all of his property to trustees to be used in founding and maintaining an agricultural and mechanical school on his land in Abbeville county in which twelve poor…
2Cited by14 opinions
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- Woodworth v. CommissionerUnited States Tax Court · 1966
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