Scarborough v. Scarborough

Lewis, Justice.

The basic question in this appeal, the answer to which renders unnecessary a consideration of all others raised, is whether a child who holds a fee simple conditional title to lands by intestate succession from her parent, the original donee of such estate, can make a valid fee simple absolute conveyance of such property before the birth of bodily issue to the child.

The background of this appeal is found in our decision in a prior action between the same parties, Scarborough v. Scarborough, 246 S. C. 51, 142 S. E. (2d) 706, which involved the construction of the will of the…