Legal Opinion

Pearson v. Easterling

Supreme Court of South Carolina

Decided May 22, 1917No. 9686PublishedCited by 6 opinions

Before Shipp,' J., Bennettsville, Spring term, 1916. Action by IT. P. Pearson against H. T. Easterling and others. Judgment for plaintiff, and defendants appeal.

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Before Shipp,' J., Bennettsville, Spring term, 1916. Action by IT. P. Pearson against H. T. Easterling and others. Judgment for plaintiff, and defendants appeal. The following statement appears in the record: “This action has been once to the Supreme Court, and will be found reported in 104 S. C., at page 178, 88 S. E. 376, and states the facts as follows: “William C. Easterling died in 1866, leaving of force a last will and testament, bearing date the 26th of January, 1863, whereby, in the first paragraph thereof, he devised the lands in dispute to his wife, Martha Ann Easterling, to have…

1Opinion of the Court

May 22, 1917. The opinion of the Court was delivered by The first question that will be considered is whether there was error on the part of his Honor, the Circuit Judge, in ruling that the interest of the plaintiff in the property is one-sixth thereof. On the former appeal herein this Court held that the plaintiff, Harris P. Pearson, took as an executory devisee under the will. It is now necessary to determine whether Bettie Pearson, the mother of the plaintiff, took a vested or a contingent remainder.

When the Court adjudged that the plaintiff took under the will as an executory devisee, it…

2Cases cited9 opinions

  1. Walker v. AlversonSupreme Court of South Carolina · 1910
  2. Rutledge v. FishburneSupreme Court of South Carolina · 1903
  3. McGee v. HallSupreme Court of South Carolina · 1887
  4. Gourdin v. DeasSupreme Court of South Carolina · 1887
  5. Brantley v. BittleSupreme Court of South Carolina · 1905

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3Cited by6 opinions

  1. Black v. HarmanSupreme Court of South Carolina · 1923
  2. First Nat'l Bank of Holly Hill v. BennettSupreme Court of South Carolina · 1945
  3. Gist v. BrownSupreme Court of South Carolina · 1960
  4. Gist v. BrownSupreme Court of South Carolina · 1960
  5. Federal Land Bank of Columbia v. WoodDistrict Court, D. South Carolina · 1971

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