Benbow v. Harvin
Supreme Court of South Carolina
Before Prince, J., Clarendon, September term, 1910. Action by Joel Benbow and Susannah L., his wife, against J. B. Plarvin et al., of whom H. E. B. Wells is appellant. cite: Declarations of a party at another time as to a lost deed is not admissible: 8 Ency. 453, 454; 3 Des. Eq. 373; 5 Rich. 373; 1 Ency. 600; 79 S. C. 353; 39 S. C. 441; 3 Brev. 40; 39 Ala. 457; 1 Ene.
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Before Prince, J., Clarendon, September term, 1910. Action by Joel Benbow and Susannah L., his wife, against J. B. Plarvin et al., of whom H. E. B. Wells is appellant. cite: Declarations of a party at another time as to a lost deed is not admissible: 8 Ency. 453, 454; 3 Des. Eq. 373; 5 Rich. 373; 1 Ency. 600; 79 S. C. 353; 39 S. C. 441; 3 Brev. 40; 39 Ala. 457; 1 Ene. Ev. 601, n. 36. Declarations of the trustees who were dead should have been admitted: 36 S. C. 335; 63 S. C. 439. cites: Declarations of the trustees after they parted with possession were properly ruled out: 3 McM. 44.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
In the year 1838, Amorintha L. Anderson, widow of Thomas Anderson, being about to contract matrimony with J. R. Thames, executed a marriage settlement, wherein she conveyed to trustees her interest in the estate of her deceased husband, in trust for her sole use during her life, and, at her death, Thames surviving, to divide the same into two parts, and distribute one part among her three daughters by Anderson, or the survivor or survivors of them, the issue, if any, of any deceased daughter taking the parent’s share, and to permit…
2Cited by8 opinions
- Marks v. I. M. Pearlstine & SonsSupreme Court of South Carolina · 1943
- State v. LongSupreme Court of South Carolina · 1938
- Nimmer's Estate v. NimmerSupreme Court of South Carolina · 1948
- Battle v. DevaneSupreme Court of South Carolina · 1927
- White v. Southern Oil Stores, Inc.Supreme Court of South Carolina · 1941
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