Durant v. Nash
Supreme Court of South Carolina
Before Fraser, J., Sumter, December, 1888. This appeal was heard in January, 1889. It was from the following decree, rendered at chambers: This is an action for the specific performance of a contract for the sale of land, and has been heard by me at chambers, by the consent of all the parties to the cause.
Read the full summary
Before Fraser, J., Sumter, December, 1888. This appeal was heard in January, 1889. It was from the following decree, rendered at chambers: This is an action for the specific performance of a contract for the sale of land, and has been heard by me at chambers, by the consent of all the parties to the cause. The facts stated in the complaint and in the answer are all admitted, and the only question raised is as to the validity of the title which plaintiff has tendered to the defendant. This question depends on the construction of the will of William Reese Shaw. The question in the case is,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
One William R. Shaw, late of Sumter County, died in 1864. He left a last will and testament, of which the following is a copy :
“First. I direct that a fair valuation or appraisement be made of all my personal property (except kitchen furniture), and be equally divided between my beloved wife, Mary M. Shaw, and all my children, share and share alike. I will and direct that my said wife be allowed the privilege of choosing her lot of the personal property, and the said portion of the personal property so coming to my said wife…
2Cited by5 opinions
- McFadden v. McFaddenSupreme Court of South Carolina · 1917
- The West PointDistrict Court, E.D. Virginia · 1947
- Graves v. GravesNew York Supreme Court · 1889
- Hall v. HallSupreme Court of South Carolina · 1910
- Mobley v. MobleySupreme Court of South Carolina · 1910