Rutherford v. Rutherford

The opinion of the Court was delivered by

Mr. Justice Marion.

The following opinion in this case, prepared by the late Justice Fraser, is adopted as the opinion of the Court:

The respondent’s statement of the case is as follows:

“This is a friendly suit for the partition and sale of real property.

“Sabina E. Rutherford, a citizen of New Jersey, died many years ago seized and possessed of certain property on Spring Street in the City of Charleston, S. C., leaving a will by which all of her real and personal property was devised to her four sons as follows: John, one-eighth; Walter, two-eighths;…