Kerr v. Kennedy
Supreme Court of South Carolina
Before Moore, J., Abbeville, April —, 1915. Action by Frank and John Kerr against A. Seldon Ken.nedy, as executor of the last will and testament of Mrs. Josephine F. Sloan, deceased, and others. From a decree for plaintiffs, defendants appeal. cite: As to degree of proof necessary to establish the alleged contract: 3 S. C. R. 195; 48 S. C. 86; 57 S. C. 60; 57 S. C. 559 ;73 S. C. 156 & 195; 22 S. C. 454, 457; 100 S. C. 348, 349;.Ill Am. St. Rep. 496; 99 Am.
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Before Moore, J., Abbeville, April —, 1915. Action by Frank and John Kerr against A. Seldon Ken.nedy, as executor of the last will and testament of Mrs. Josephine F. Sloan, deceased, and others. From a decree for plaintiffs, defendants appeal. cite: As to degree of proof necessary to establish the alleged contract: 3 S. C. R. 195; 48 S. C. 86; 57 S. C. 60; 57 S. C. 559 ;73 S. C. 156 & 195; 22 S. C. 454, 457; 100 S. C. 348, 349;.Ill Am. St. Rep. 496; 99 Am. Rep. 609; 111 Pa. 471; 68 C. C. A. 487; 34 Pa. 480; 2 Strob. Eq. 154. Character of testimony: 34 Pa. 480. Prailties of memory: 5 Ga. 341;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action by the plaintiffs against the executor of the will of Mrs. Josephine E. Sloan and certain beneficiaries under her will, to enforce an alleged contract to dispose of her property by will in a certain way. The plaintiffs allege that Josephine E. Sloan entered into a contract in the spring of 1894, whereby plaintiffs agreed to live near by or with her, take care of her during her lifetime, manage her property for her, and give her all the care - and attention which she might require, or which might be expected of sons…
2Cases cited4 opinions
- Bruce v. MoonSupreme Court of South Carolina · 1900
- Wilson v. GordonSupreme Court of South Carolina · 1905
- Turnipseed v. SirrineSupreme Court of South Carolina · 1900
- Dicks v. CasselsSupreme Court of South Carolina · 1915
3Cited by11 opinions
- Young v. LevySupreme Court of South Carolina · 1945
- Johnson v. FlatnessIdaho Supreme Court · 1949
- Caulder Ex Rel. Estate of Caulder v. Knox Ex Rel. Estate of KnoxSupreme Court of South Carolina · 1968
- McLAUCHLIN v. GRESSETTESupreme Court of South Carolina · 1953
- Wright v. TraskCourt of Appeals of South Carolina · 1997
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