Smith v. Heyward
Supreme Court of South Carolina
Before Mauldin, J., Greenville, July, 1919. Action by Robert T. Smith, as Executor of Elizabeth M. Heyward, Deceased, against Julius H. Heyward, as Executor of Elizabeth M. Heyward, Deceased, as Guardian, etc., et al. From judgment for plaintiff, the defendants, Julius H. Heyward, as executor, etc., and Henry Middleton, appeal.
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Before Mauldin, J., Greenville, July, 1919. Action by Robert T. Smith, as Executor of Elizabeth M. Heyward, Deceased, against Julius H. Heyward, as Executor of Elizabeth M. Heyward, Deceased, as Guardian, etc., et al. From judgment for plaintiff, the defendants, Julius H. Heyward, as executor, etc., and Henry Middleton, appeal. The decree of Judge Mauldin, on Circuit, is as follows: Decree of Judge Mauldin: This case, which involves the construction of the will of Mrs. Elizabeth M. Heyward, deceased, and also a controversy between the two executors who have qualified, came on for a hearing…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] October 11, 1920. The opinion of the Court was delivered by Plaintiff is one of the executors of the will of Mrs. Elizabeth Middleton Heyward. He brought this action against Julius H. Heyward, the other executor, and the heirs, devisees, and legatees of testatrix, to have the Court construe her will, determine the validity of certain bequests, and the proper disposition of the residue of the estate, and also for the appointment of a receiver, on account of…
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