Burkhalter v. Townsend, Admx.

The opinion of the Court was delivered by

Mr. Justice Cothran.

It appears that on December 30, 1918, P. L. Breeden leased, in writing, to Harris R. Townsend, a tract of land in Marlboro County, containing 400 acres, for a term of five years, beginning January 1, 1919, and ending December 31, 1923, at $6,000.00 per annum, payable on or before October 1st of each year.

Breeden, the lessor, died on October 10, 1919, during the first year of the tenancy, leaving a will by which he devised the premises which had been leased, to his two daughters, Mrs. Burkhalter and Mrs. Holladay, one-half interest…