McFadden v. Hefley
Supreme Court of South Carolina
This was an action commenced in January, 1887, by J. C. McFadden, administrator cum testamento annexo of J. M. Hefley, deceased (who died in 1885), against the legatees and devisees of the testator, for a construction of his will. This will was as follows: In the name of God. Amen.
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This was an action commenced in January, 1887, by J. C. McFadden, administrator cum testamento annexo of J. M. Hefley, deceased (who died in 1885), against the legatees and devisees of the testator, for a construction of his will. This will was as follows: In the name of God. Amen. I, J. M. Hefley, of the State and county aforesaid, being of sound and disposing mind and memory, do make and publish the following as my last will and testament: Item 1. I give, devise, and bequeath to my wife, Rebecca Hefley, during her life or widowhood, the plantation whereon I now reside, and at her death, or…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The questions raised by this appeal are as to the proper construction of the will of J. M. Hefley, deceased, a copy of which is set out in the “Case,” and should be incorporated in the report of this case.
In item 1 of the will testator devised to his wife, the defendant, Rebecca Hefley, the plantation on which he resided, with limitations over to her children. In item 2 he gives to his said wife, with like limitations over to her children, “all the horses, mules, cows, hogs, wagons, farming implements, household and kitchen furniture…
2Cases cited1 opinion
- Earl v. GrimNew York Court of Chancery · 1815
3Cited by9 opinions
- Weed v. HogeSupreme Court of Connecticut · 1912
- Russell v. AdamsTexas Commission of Appeals · 1927
- RIKARD v. MillerSupreme Court of South Carolina · 1957
- Russell v. AdamsCourt of Appeals of Texas · 1927
- Rogers v. RogersSupreme Court of South Carolina · 1903
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