Mobley v. Jackson
Supreme Court of South Carolina
Before Bowman, J., Columbia, December, 1915. Action by Andrew J. Mobley and others against Billa C. Jackson and others. From a judgment, dismissing the complaint, plaintiffs appeal. submit: The will is to be construed as an entirety: 59 S. C. 138; 82 S. C. 210; 42 S. C. 345. Construing the second and third clauses of the will alleged in the complaint it is plaintiffs’ contention that upon the purchase of thei premises in question by the■ then sole acting executor from funds…
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Before Bowman, J., Columbia, December, 1915. Action by Andrew J. Mobley and others against Billa C. Jackson and others. From a judgment, dismissing the complaint, plaintiffs appeal. submit: The will is to be construed as an entirety: 59 S. C. 138; 82 S. C. 210; 42 S. C. 345. Construing the second and third clauses of the will alleged in the complaint it is plaintiffs’ contention that upon the purchase of thei premises in question by the■ then sole acting executor from funds of the estate in 1873, although the title to the premises was taken in the name of the executor as such, theft…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiER Justice Gary. .
This is an action for the recovery of a lot of land, in the city of Columbia.
The allegations of the complaint are, in substance, as follows :(1) That Nathaniel E. Bynum departed this life on the 28th day of October, 1871, leaving of force his last will and testament, wherein he nominated and appointed the four persons hereinafter named as his executors; that John T. Bynum alone qualified and discharged the duties of the office, from the 5th day of December, 1871, until the 5th day of January, 1881, when Julius A. Bynum also…
2Cases cited5 opinions
- Eastern Building and Loan Assn. v. WilliamsonSupreme Court of the United States · 1903
- Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
- Sires v. SiresSupreme Court of South Carolina · 1895
- Wetmore v. McElroySupreme Court of South Carolina · 1913
- Hunter v. HunterSupreme Court of South Carolina · 1900