Barber v. Crawford
Supreme Court of South Carolina
Before Memminger, J., Yorkville, August, 1909. Action by T. Emiline Barber, Osmond Barber, Sarah E. Ross and T. Henderson Barber against Thos. A. Crawford, Alexander Barber and Hal Bahnson. From Circuit decree, plaintiff appeal. cite: Dying “without bodily issue” here meant so dying at devisee’s death: 7 Rich. Eq., 107; 16 S. C., 262. Testator’s ■“surviving heirs” here meant such of his heirs at his own death as might survive his son: 2 Black., 201; 2'6 S. C., 150; 6 Rich.
Read the full summary
Before Memminger, J., Yorkville, August, 1909. Action by T. Emiline Barber, Osmond Barber, Sarah E. Ross and T. Henderson Barber against Thos. A. Crawford, Alexander Barber and Hal Bahnson. From Circuit decree, plaintiff appeal. cite: Dying “without bodily issue” here meant so dying at devisee’s death: 7 Rich. Eq., 107; 16 S. C., 262. Testator’s ■“surviving heirs” here meant such of his heirs at his own death as might survive his son: 2 Black., 201; 2'6 S. C., 150; 6 Rich. Eq., 26; 16 S. C., 262. cite: Fee conditional cannot be raised by implication: 1 Hill. Eq., 265; 2 Strob. Eq., 101; 17 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are thus stated in the decree of his Honor, the Circuit Judge:
“Turner Barber died intestate about twenty-five years ago, before the birth of any grandchildren, leaving considerable property in lands and personalty to his wife and his and her seven children.
“His will and its two codicils show that, after charging some of his said property with his wife’s support during her life, he devised it all amongst his said seven children, making the share of some of them absolute, and of the others conditional.
“A part of his disposition…
2Cases cited2 opinions
- Selman v. RobertsonSupreme Court of South Carolina · 1896
- Shaw v. ErwinSupreme Court of South Carolina · 1894
3Cited by7 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- McFadden v. McFaddenSupreme Court of South Carolina · 1917
- Monk v. GeddesSupreme Court of South Carolina · 1930
- Croft Ex Rel. McKie v. McKieSupreme Court of South Carolina · 1959
- Barber v. CrawfordSupreme Court of South Carolina · 1910
2 more not listed; retrieve them via the Exa API.