Carter v. King
Court of Appeals of South Carolina
BEFORE O’NE ALL, J., AT ANDERSON, JULY, EXTRA TERM, 1857. Tbis was an action of debt on a single bill, a copy of wbicb is as follows: “ One day after date I promise to pay James M. Carter, tbe sum of one thousand dollars, it being a part of Ms wife’s part of my estate, wbicb note will be collected after my decease. “Witness my band and seal, tbis 30th day of November, 1846. WILLIAM KING, [l. s.] “Test: Jambs G-. BichaRdsoít.”
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BEFORE O’NE ALL, J., AT ANDERSON, JULY, EXTRA TERM, 1857. Tbis was an action of debt on a single bill, a copy of wbicb is as follows: “ One day after date I promise to pay James M. Carter, tbe sum of one thousand dollars, it being a part of Ms wife’s part of my estate, wbicb note will be collected after my decease. “Witness my band and seal, tbis 30th day of November, 1846. WILLIAM KING, [l. s.] “Test: Jambs G-. BichaRdsoít.” The subscribing witness testified to the execution of the instrument, and that the deceased said, he gave the note, that his grand-daughter, who was the plaintiff’s wife…
1Opinion of the Court
The opinion of the Court was delivered by
Wardlaw, J.
The verdict has established that the paper, subject of this suit, is a genuine instrument, which William King, in his lifetime, signed, sealed and delivered to the plaintiff.
The terms of the instrument show that it was probably intended as an advancement to the husband of a granddaughter, who, if the maker of the instrument had died intestate, would have been entitled to a distributive share of his estate. Certainly, there appears to have been no consideration moving the maker, besides blood and affection, and the instrument may be treated…
2Cases cited2 opinions
- Bristol v. WarnerSupreme Court of Connecticut · 1848
- Toner v. TaggartSupreme Court of Pennsylvania · 1813