Legal Opinion

Hicks v. Pegues

Court of Appeals of South Carolina

Decided May 15, 1852Published

Before Wardlaw, Oh., at Marlboro’, February, 1851. The only question in this case arose upon the following clause , in the will of Malachi N. Bedgegood : “ I give, devise, and bequeath unto my wife, Catharine Bedge-good, a negro man slave, named Primus, and the one-half of the remaining part of all my real and personal estate, which has not herein before been disposed of, to her and her heirs, provided she shall live single until, or should marry and leave lawful issue…

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Before Wardlaw, Oh., at Marlboro’, February, 1851. The only question in this case arose upon the following clause , in the will of Malachi N. Bedgegood : “ I give, devise, and bequeath unto my wife, Catharine Bedge-good, a negro man slave, named Primus, and the one-half of the remaining part of all my real and personal estate, which has not herein before been disposed of, to her and her heirs, provided she shall live single until, or should marry and leave lawful issue living at her death; but in case she should marry, and die without leaving lawful issue living at her death, I then give,…

1Opinion of the Court

Quria per JOHNSTON, Ch.

Being directed by my brethren to announce the affirmation of the circuit decree, and to offer the reasons for this decision, I' cannot express them better than by referring to the opinion I lately delivered in the Circuit Court of Charleston, in the case of Buist & Dawes (a) upon the same *416point; a copy of which accompanies this opinion. That decision was acquiesced in by the eminent counsel concerned.

It is ordered that the decree be affirmed, and the appeal dismissed.

DuNKiN, DakgaN and Wakdlaw, CO., concurred.

Appeal dismissed.

George Buist. adm’r. vs. H P. Dawes, et al.…

2Cases cited1 opinion

  1. Durham v. FlannaganCourt of Appeals of Texas · 1883

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