Buist v. Walton
Supreme Court of South Carolina
Before SeasB J., Charleston, June, 1915. Action by Henry Buist, as substituted trustee under the will of Caroline A. Sifly, for a construction of the will, against Cornelia S. Walton, Walter G. Knight, as executor of Caroline E. A. Norris, deceased, and others. Report of the master construing the will confirmed, and defendant, Knight, executor, etc., appeals. cites: As to definition of “issue” and “share:” Civil Code, sec. 3574; 2 Bailey 442; 6 Rich. Eq. 26; 2 McC.
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Before SeasB J., Charleston, June, 1915. Action by Henry Buist, as substituted trustee under the will of Caroline A. Sifly, for a construction of the will, against Cornelia S. Walton, Walter G. Knight, as executor of Caroline E. A. Norris, deceased, and others. Report of the master construing the will confirmed, and defendant, Knight, executor, etc., appeals. cites: As to definition of “issue” and “share:” Civil Code, sec. 3574; 2 Bailey 442; 6 Rich. Eq. 26; 2 McC. Chan. 214-256; 72 S. C. 182; 79 S. C 551; 2 Hill-Ch. 638-642; 1 Bailey Ch. 303; 1 McM. Ch. 78; 89 S. C. 540. Intestacy: 1 Rich.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action brought by the trustee, Henry Buist, to have the Court construe the will of the testatrix, Caroline A. Sifly, and particularly the clause which is as foljpws:
“But if it should so happen that the said Caroline E. A. Norris should depart this life without leaving surviving her child or children, one or more, or the issue of a deceased child, then upon the decease of the said Caroline E. A. Norris, I order and direct that the said principal shall be equally divided between my seven cousins, Mrs. Emma Bryant, Mrs.…
2Cases cited2 opinions
- Brantley v. BittleSupreme Court of South Carolina · 1905
- Fishburne v. SigwaldSupreme Court of South Carolina · 1908
3Cited by6 opinions
- Epworth Children's Home v. BeasleySupreme Court of South Carolina · 2005
- In Re Estate of FabianCourt of Appeals of South Carolina · 1997
- Black v. HarmanSupreme Court of South Carolina · 1923
- Fender v. FenderCourt of Appeals of South Carolina · 1997
- Foreign Mission Board of the Southern Baptist Convention v. GainesDistrict Court, E.D. South Carolina · 1941
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