Rogers v. Rogers
Supreme Court of South Carolina
Before Keugh, J., Marlboro, November, 1902. Action by Lizzie Rogers, Minnie Rogers and Annie Rogers against Minnie B. Rogers, executrix of P. B. Rogers, and Hattie Rogers and P. B. Rogers. Prom Circuit decree, plaintiffs appeal. cites: Legacy is pecuniary and demonstrative: 2 Leading Cas. in Eq., 506; Speer Eq., 48. If specific it was not adeemed: 13 S. C., 513. As to declarations of testator: 1 Roper on Legacies, 346-409; 5 Am. R., 498; 2 Am.
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Before Keugh, J., Marlboro, November, 1902. Action by Lizzie Rogers, Minnie Rogers and Annie Rogers against Minnie B. Rogers, executrix of P. B. Rogers, and Hattie Rogers and P. B. Rogers. Prom Circuit decree, plaintiffs appeal. cites: Legacy is pecuniary and demonstrative: 2 Leading Cas. in Eq., 506; Speer Eq., 48. If specific it was not adeemed: 13 S. C., 513. As to declarations of testator: 1 Roper on Legacies, 346-409; 5 Am. R., 498; 2 Am. St. R., 462; 8 S. E. R-, 73; 2 Leading' Cas. in Eq., 501. Mr. Johnson cites: As to specific legacy: 7 E. R. A., 390; 3 DeS., 47. Mr. Bouchier cites:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This appeal comes from an order sustaining a demurrer to> the complaint for insufficiency, and involves inquiry whether the Circuit Court erred in holding that the legacy claimed is specific and has been adeemed under the allegations of the complaint. The compaint alleges that Frank B. Rogers, late of Marlboro County, died September 4th, 1893, leaving his last will and testament, and that the defendant, Minnie B. Rogers, his wife, duly qualified as executrix thereof, that plaintiffs are sisters of the testator, and that said will…
2Cases cited1 opinion
- McFadden v. HefleySupreme Court of South Carolina · 1888
3Cited by7 opinions
- RIKARD v. MillerSupreme Court of South Carolina · 1957
- State Ex Rel. Fooshe v. BurleySupreme Court of South Carolina · 1908
- McKee v. Cal. Annual Conference of the Methodist Episcopal ChurchCalifornia Supreme Court · 1913
- Gaither v. United States Trust Co.Supreme Court of South Carolina · 1957
- White v. WhiteSupreme Court of South Carolina · 1906
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