Hicks v. Smith

Atkinson, Justice.

In October, 1853, a testator died leaving a will which was executed March 28th, 1850, and a codicil thereto, *810executed September 27th, 1853. The will and codicil were duly probated November 7th, 1853. The two items of the will necessary to a consideration of this case, and which were introduced in evidence, are as follows :

“ Item 11. I will and direct that my plantation known as Fullerville, lying partly in Washington and partly in Laurens county in said State, shall be divided, as soon after my death as possible, into two parts of shares as nearly equal in the number of…