Legal Opinion

Clyburn v. Reynolds

Supreme Court of South Carolina

Decided July 8, 1889PublishedCited by 15 opinions

Before Witherspoon, J.; Kershaw, September, 1887. Mr. Justice Mclver being within the prohibited degrees of consanguinity to one of the parties in interest, Hon. Thomas B. Fraser, Judge of the Third Circuit, sat in his place.

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Before Witherspoon, J.; Kershaw, September, 1887. Mr. Justice Mclver being within the prohibited degrees of consanguinity to one of the parties in interest, Hon. Thomas B. Fraser, Judge of the Third Circuit, sat in his place. The appeal was from the following decree : The cause came on .to be heard upon the pleadings, the several reports of the master, and the exceptions to said reports on behalf of the defendants, (1) David 'R. Williams, (2) the children and grandchildren of John Chesnut, and (3) the legal representative of Mary B. Chesnut, now deceased. No issue is raised by the pleadings…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Fraser.

James Chesnut, the elder, styled in his last will and testament, under which this litigation has arisen, “James Chesnut, of Mulberry,” died February 17, 1866, having executed his said will February 16, 1864. By this will James Chesnut, jr., his son, and David R. Williams, a grandson, were appointed executors, and Mrs. Mary Chesnut, his wife, was appointed executrix thereof. Mrs. Mary Chesnut, his wife, predeceased him, leaving a last will and testament, duly executed, dated March 11, 1848, one codicil dated July 27, 1858, and one…

2Cases cited1 opinion

  1. Secrist v. GreenSupreme Court of the United States · 1866

3Cited by15 opinions

  1. Keesecker v. BirdWest Virginia Supreme Court · 1997
  2. Thompson v. GearheartSupreme Court of Virginia · 1923
  3. Cooney v. WaltonSupreme Court of Georgia · 1921
  4. Coquillard v. CoquillardIndiana Court of Appeals · 1916
  5. Farmers' Mutual Fire & Lightning Insurance v. CrowleySupreme Court of Missouri · 1945

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