Simpson v. Cherry
Supreme Court of South Carolina
Before Wallace, J., Chester, This was an action by Eliza Jane Simpson against William J. Cherry and others. The Circuit decree, omitting its statement of the pleadings and facts, was as follows : As matter of law, I hold that by the terms of the will of Deborah Cherry her three sons, William, Isaiah Jamison, and John Hemphill, in case they had all survived testatrix and paid her debts, would have taken the land with equal interest for their joint lives, with the right of…
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Before Wallace, J., Chester, This was an action by Eliza Jane Simpson against William J. Cherry and others. The Circuit decree, omitting its statement of the pleadings and facts, was as follows : As matter of law, I hold that by the terms of the will of Deborah Cherry her three sons, William, Isaiah Jamison, and John Hemphill, in case they had all survived testatrix and paid her debts, would have taken the land with equal interest for their joint lives, with the right of survivorship among them ; that the devise to Isaiah Jamison and John Hemphill lapsed by reason of their deaths in the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
Some time in October, 1869, one Deborah Cherry departed this life, having first duly made and executed her last will and testament, which was admitted to probate on the 1st of November, 1869, and on the same day letters *70testamentary were issued to her son, Wm. Cherry, who, as her executor, on the 6th of January, 1870, made his final return as to the disposition of the personal estate of testatrix, showing that the whole thereof, after deducting the expenses of administration, was equally divided amongst the four daughters of the…
2Cited by3 opinions
- McFadden v. McFaddenSupreme Court of South Carolina · 1917
- Love v. LoveSupreme Court of South Carolina · 1946
- Power v. PowerSupreme Court of South Carolina · 1951