McFadden v. McFadden
Supreme Court of South Carolina
Before Prince, J., Manning, Suit by C. F. McFadden against Lena E. McFadden and others. From a decree, plaintiff appeals. The following is the decree of trial Court: This is a suit for specific performance on the part of the plaintiff against Lena E. McFadden, in which other parties claiming interest in the land are made parties. Lena E. McFadden refuses to purchase, alleging that the plaintiff cannot give a good and marketable title to the premises.
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Before Prince, J., Manning, Suit by C. F. McFadden against Lena E. McFadden and others. From a decree, plaintiff appeals. The following is the decree of trial Court: This is a suit for specific performance on the part of the plaintiff against Lena E. McFadden, in which other parties claiming interest in the land are made parties. Lena E. McFadden refuses to purchase, alleging that the plaintiff cannot give a good and marketable title to the premises. The land in question was derived by the plaintiff under the second clause of the last will and testament of his father, 'William J. McFadden,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for specific performance, and the appeal involves the construction of a will. The facts are fully stated in the decree of his Honor, the Circuit Judge. The vital question in the case is whether the rights of the “heirs” are to be determined with reference to the time of the testator’s death, or the death of his respective children leaving no issue.
The well-recognized rule is that when there is a devise to “heirs” as a class, they take at the death of the testator, unless a different time is fixed by the word…
2Cases cited6 opinions
- Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
- Rembert v. VetoeSupreme Court of South Carolina · 1911
- Selman v. RobertsonSupreme Court of South Carolina · 1896
- Barber v. CrawfordSupreme Court of South Carolina · 1910
- Durant v. NashSupreme Court of South Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- National Union Bank v. McNealSupreme Court of South Carolina · 1928
- Strother v. FolkSupreme Court of South Carolina · 1922
- Avinger v. AvingerSupreme Court of South Carolina · 1921
- Busby v. BusbySupreme Court of South Carolina · 1927
- Manigault v. BryanSupreme Court of South Carolina · 1930
12 more not listed; retrieve them via the Exa API.