Howze v. Barber
Supreme Court of South Carolina
Before Wallace, J., Chester, This was an appeal from the following Circuit decree: It will be observed that there are no terms in the will to which the law attaches an arbitrary signification. We are, then, left to construe the will, guided alone by the cardinal rule that the intention of the testator is to be collected from a consideration of the whole instrument.
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Before Wallace, J., Chester, This was an appeal from the following Circuit decree: It will be observed that there are no terms in the will to which the law attaches an arbitrary signification. We are, then, left to construe the will, guided alone by the cardinal rule that the intention of the testator is to be collected from a consideration of the whole instrument. As words of inheritance are not necessary to the creation of a fee simple by devise, it is plain that, according to the first clause of the will, Mrs. Howze would take a fee simple estate in the land and an absolute interest in the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The appellants, Barber & Brennan and Whitesides & Marion, having l’ecovered judgments against the plaintiff in her individual capacity, levied upon a tract of land upon which the plaintiff with some of her children resided, whereupon this action was commenced to enjoin the sale, upon the ground that Mrs. Howze has no leviable interest therein, but that she simply holds the same as trustee of her children, all of whom are made parties to the action.
It seems that the land in question originally belonged to plaintiff’s testator, who…
2Cases cited1 opinion
- Howard v. CarusiSupreme Court of the United States · 1884
3Cited by12 opinions
- Estate of Theodore Geddings Tarver, Deceased, the Citizens and Southern National Bank of South Carolina v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
- Rogers v. ROGERSSupreme Court of South Carolina · 1952
- Jennings v. TalbertSupreme Court of South Carolina · 1907
- Smith v. SmithSupreme Court of South Carolina · 1912
- Schroder v. AntipasSupreme Court of South Carolina · 1949
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