Burriss v. Burriss
Supreme Court of South Carolina
Before Gary, J.,- Anderson, April, 1915. Action for partition by Wm. M. Burriss and others against J. T. Burriss and others. Judgment for defendant, J. L. Burriss, and plaintiffs appeal. submit: A fee conditional cannot be the subject of a devise by will, and upon the death of the donee without heirs of the body, the estate reverts to the heirs of the testator: 17 S. C. 549; Harpers Law, 92; 5 Rich.
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Before Gary, J.,- Anderson, April, 1915. Action for partition by Wm. M. Burriss and others against J. T. Burriss and others. Judgment for defendant, J. L. Burriss, and plaintiffs appeal. submit: A fee conditional cannot be the subject of a devise by will, and upon the death of the donee without heirs of the body, the estate reverts to the heirs of the testator: 17 S. C. 549; Harpers Law, 92; 5 Rich. Eq. 441. In ascertaining what was the intention of the testator, the Courts have wisely established certain rules for their own government in order to exclude themselves from the exercise of an…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
William R. Burriss died in 1862, leaving his will, in the second paragraph of which he made provision for his widow, part of which was to be used to procure a home for her, and all of it was to be placed in the hands of a trustee, to be appointed by the Court of equity, to be disposed of as follows : If the widow should many, half of it was to be secured and applied to the use and benefit of testator’s daughter, Julia; if she should remain single till her death, all of it was to be so applied. In the third paragraph, he provided…
2Cases cited5 opinions
- Walker v. AlversonSupreme Court of South Carolina · 1910
- Adams v. VernerSupreme Court of South Carolina · 1915
- Jennings v. TalbertSupreme Court of South Carolina · 1907
- Smith v. SmithSupreme Court of South Carolina · 1912
- Boyles v. WagnerSupreme Court of South Carolina · 1912
3Cited by9 opinions
- Shelley v. ShelleySupreme Court of South Carolina · 1964
- SHEVLIN v. Colony Lutheran ChurchSupreme Court of South Carolina · 1955
- Wates v. Fairfield Forest Products Co.Supreme Court of South Carolina · 1947
- City of Columbia v. MonteithSupreme Court of South Carolina · 1926
- Peoples National Bank v. BarlowSupreme Court of South Carolina · 1960
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