Dent v. Dent
Supreme Court of South Carolina
Action by E. H. Dent and others against Samuel H. Dent and others. From the judgment, defendants, Helen A. Covington Quarterman and others, appeal. submit: The gift to Ben T. Dent lapsed and must be divided among the heirs at law and distributees of testator: Vol. I, Code 1912, sec. 3574; 56 S. C. 11; 26 S. C. 450; 17 S. C. 428; 13 Rich.
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Action by E. H. Dent and others against Samuel H. Dent and others. From the judgment, defendants, Helen A. Covington Quarterman and others, appeal. submit: The gift to Ben T. Dent lapsed and must be divided among the heirs at law and distributees of testator: Vol. I, Code 1912, sec. 3574; 56 S. C. 11; 26 S. C. 450; 17 S. C. 428; 13 Rich. Eq. 104. The circumstances necessary to create a gift by implication are lacking: Case note 15 D. R. A. (N. S.) 73; Alexander’s Com. on Wills, sec. 968; Alexander’s Com. on Wills, sec. 771 (citing 37 Am. Dec. 524), sec. 965, citing 15 L. R. A. (N. S.) 73; 19…
1Opinion of the Court
March 30, 1920. The opinion of the Court was delivered by This action involves the construction of a will and codicil. On the 26th of September, 1899, William H. Dent made his will. In the first clause he directed the payment of his debts. In the second clause he bequeathed certain legacies to two of his wife's relatives. The third and fourth clauses are as follows:
"The residue of my estate, both real and personal, which I may die possessed, I direct to be divided into three equal shares, one share I give, bequeath and devise to my brother, Benjamin T. Dent, one share I give, bequeath and…
2Cases cited7 opinions
- Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
- Howze v. BarberSupreme Court of South Carolina · 1888
- Lott v. ThompsonSupreme Court of South Carolina · 1892
- Logan v. CassidySupreme Court of South Carolina · 1905
- Rivers v. RiversSupreme Court of South Carolina · 1892
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3Cited by5 opinions
- Jeffords v. ThornalSupreme Court of South Carolina · 1944
- Ow Padgett, Jr. v. BlackSupreme Court of South Carolina · 1956
- First National Bank v. HutsonSupreme Court of South Carolina · 1927
- Foreign Mission Board of the Southern Baptist Convention v. GainesDistrict Court, E.D. South Carolina · 1941
- Bethea v. YoungSupreme Court of South Carolina · 1931