Bartell v. Edwards
Supreme Court of South Carolina
Action by Sarah A. Bartell and others against Barnabas Edwards and others. Judgment for defendant, and plaintiffs appeal. cite: As to covenants to stand seised to uses — their characteristics and requisites: 2 Blackstone, p.. 338; 4 S. C. 634; 1 Am. Dec. 231; 1 Am.
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Action by Sarah A. Bartell and others against Barnabas Edwards and others. Judgment for defendant, and plaintiffs appeal. cite: As to covenants to stand seised to uses — their characteristics and requisites: 2 Blackstone, p.. 338; 4 S. C. 634; 1 Am. Dec. 231; 1 Am. Dec. 229; 4 Kent 493; 24 S. C. 234; 3 Washburn, p. 606. Except in wills and trust deeds, a fee cannot he created without the use of words of limitation: 101 S. C. 424; 102 S. C. 361; 109 S. C. 44! Limitar tion to the heirs of grantor is void: 38 S. C. 66; 75 A. S. R. 152; 16 Cyc. 61, note; 1 Strobh. Eq. 114; 109 S. C. 416; 102 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This case was brought as an áction for partition. The defendants set up title in themselves. The case had been ably argued on both sides with a display of much learning, but, as this Court sees it, the case is, in its last analysis, very simple.
William Edwards and Martha E. Edwards were husband and wife. Martha owned a plantation and conveyed it in fee simple to her husband. On the day of the conveyance Edwards executed a paper, in.form a will, as follows:
“State of South Carolina, Marion County. In the name of God, Amen. I, Wm.…
2Cited by10 opinions
- Hyman v. McLendonCourt of Appeals for the Fourth Circuit · 1944
- Clardy v. ClardySupreme Court of South Carolina · 1923
- Evans v. Creech, MayorSupreme Court of South Carolina · 1938
- Davis v. Town of West GreenvilleSupreme Court of South Carolina · 1928
- Magrath v. MagrathSupreme Court of South Carolina · 1937
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