Legal Opinion

Inez Gist v. Gist

Supreme Court of South Carolina

Decided July 18, 1918No. 10044PublishedCited by 2 opinions

Before Shipp, J., Union, Ball term, 1917. Action by Inez Gist and others against W. H. Gist and others. Judgment for plaintiffs, and defendants appeal. The following is the decree of presiding Judge Shipp, in the Court below: Gov.

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Before Shipp, J., Union, Ball term, 1917. Action by Inez Gist and others against W. H. Gist and others. Judgment for plaintiffs, and defendants appeal. The following is the decree of presiding Judge Shipp, in the Court below: Gov. W. H. Gist died in 1874, leaving a will, which had been executed about ten months before his death, which contained the following provision: “I give and devise to my son, David C. Gist, that tract of land in Union county, known as D. C. Gist home place, being the upper part of my Fair Forest tract containing about 1,600 acres, divided from the lower portion of said…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justtck Fraser.

This is an action for partition. The defendants set up title in themselves. Their claim of title is based upon the following clause of the will of their grandfather, Gov. W. H. Gist, as stated in appellant’s argument:

“The above stated case arises upon the construction of the will of the late Gov. W. H. Gist, made on the third day of December, 1873, and of record in the office of the probate Judge for Union county.
“The main question presented by this appeal arises upon the consideration of the clause of the said will reading as…

2Cases cited1 opinion

  1. Pearson v. EasterlingSupreme Court of South Carolina · 1918

3Cited by2 opinions

  1. Wallace v. TaylorSupreme Court of South Carolina · 1924
  2. Wallace v. TaylorSupreme Court of South Carolina · 1924

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