Gourdin v. Deas
Supreme Court of South Carolina
Before Kershaw, J., Charleston, November, 1886. This was an appeal from the following Circuit decree: The questions I am called upon to determine are: 1. What estate did Eliza C. Deas take in the said lot ? 2. Who take at her death ? 8. If the fee was not in said Eliza C. Deas, what portions of the property are liable to the mortgage above mentioned? These questions have been very ably argued by the counsel, and with the assistance thus afforded me I have had no difficulty…
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Before Kershaw, J., Charleston, November, 1886. This was an appeal from the following Circuit decree: The questions I am called upon to determine are: 1. What estate did Eliza C. Deas take in the said lot ? 2. Who take at her death ? 8. If the fee was not in said Eliza C. Deas, what portions of the property are liable to the mortgage above mentioned? These questions have been very ably argued by the counsel, and with the assistance thus afforded me I have had no difficulty in arriving at the following conclusions. The rule in Shelley’s case does not apply here, for the reason that the estate…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The questions presented by this appeal arise upon the construction of a deed whereby certain real estate was conveyed to the plaintiff “in trust for Eliza C. Deas, wife of R. C. Deas, to her sole, separate, and exclusive use, free from the debts, contracts, or liabilities of her present or any future husband, for life; and after her death to her issue, to take per stirpes, Ms heirs and assigns, to his and their use, benefit, and behoof forever.” 'The word “his” which we have italicized in this quotation is manifestly a clerical…
2Cited by16 opinions
- Avinger v. AvingerSupreme Court of South Carolina · 1921
- Des Champs v. MimsSupreme Court of South Carolina · 1928
- Wilmington Trust Co. v. ChapmanCourt of Chancery of Delaware · 1934
- Brown v. BrownSupreme Court of Iowa · 1904
- Woodley v. CalhounSupreme Court of South Carolina · 1904
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