Legal Opinion

Buchanan v. Anderson

Supreme Court of South Carolina

Decided February 15, 1905PublishedCited by 8 opinions

Before Townsend, J., Greenwood, March term, 1904. Action by Annie Buchanan and William C. White against J. Foster Anderson, administrator of Wesley C. Anderson, et'al. From Circuit decree, plaintiffs appeal. cite: There was an agreement to- make mutual wills: 1 DeS., 116; 1 Dick., 419; 1 Will, on Ex., 167. And Courts will not permit one party to break it: 48 $. C., 86; 57 S. C., 559; 8 B. Mon., 530. cites: Is this

1Opinion of the Court

The opinion of the Court was deliv ered by

Mr. Justice Gary.

The facts of this case are set out in the following decree of his Honor, the Circuit Judge:

“The complaint in the action sets out that W. C. Anderson and his wife, Amanda E. Anderson, made a joint and mutual will, giving their property to the survivor for life and then to the plaintiffs. The wife died first and left the will in existence. After the death of the husband, the will could not be found, but the plaintiffs believed that the will was not destroyed by the husband, and they asked leave to establish it as a lost will. There was…

2Cases cited2 opinions

Turnipseed v. SirrineSupreme Court of South Carolina · 1900
Fogle v. St. Michael ChurchSupreme Court of South Carolina · 1896

3Cited by8 opinions

Stevens v. MyersOregon Supreme Court · 1918
Canada v. IhmsenWyoming Supreme Court · 1925
Edwall v. JessephWashington Supreme Court · 1913
Clements v. JonesSupreme Court of Georgia · 1928
Deseumeur v. RondelNew Jersey Court of Chancery · 1909

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