Legal Opinion

McWhite v. Roseman

Supreme Court of South Carolina

Decided June 28, 1920No. 10462PublishedCited by 7 opinions

Before Mauldin, J., Greenville, June, 1919. Action by T. B. McWhite, J. H. McWhite, W. B. McWhite, Mrs. Ada Rarnpey, Carl Baker, Charley Baker and Lillie Chiles, as heirs at law of Frances E. McWhite, against S. R. Roseman, C. P. Rogers and Nannie Harris, as individuals, and Sam Roseman and Jim Harris, as trustees, for possession of real estate. From directed verdict for plaintiffs, defendants appeal.

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Before Mauldin, J., Greenville, June, 1919. Action by T. B. McWhite, J. H. McWhite, W. B. McWhite, Mrs. Ada Rarnpey, Carl Baker, Charley Baker and Lillie Chiles, as heirs at law of Frances E. McWhite, against S. R. Roseman, C. P. Rogers and Nannie Harris, as individuals, and Sam Roseman and Jim Harris, as trustees, for possession of real estate. From directed verdict for plaintiffs, defendants appeal. Following is the will referred to in opinion: 1 In the Name of God Amen 2 I Williss Benson of the District of Greenville and 3 State of South Carolina being sound in mind and 4 memory I do make…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action to recover possession of certain ■ tracts of land, under the will of Willis Benson, who died in 1865 (which will be reported).

The appeal is from the ruling of his Honor, the presiding Judge, directing a verdict in favor of the plaintiffs.

The provisions of the will which require special consideration are in substance as follows :

“I leave to my wife five hundred acres of land, to her during her natural life in lieu of her dower; after her death, then for an equal division to be made between my heirs here named —…

2Cited by7 opinions

  1. First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
  2. Green v. GreenSupreme Court of South Carolina · 1947
  3. Federal Land Bank of Cola. v. WellsSupreme Court of South Carolina · 1934
  4. Turner v. GuestSupreme Court of South Carolina · 1921
  5. Davis v. DalrympleSupreme Court of South Carolina · 1931

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