Brantley v. Bittle
Supreme Court of South Carolina
Before Watts, J., Chesterfield, April, 1904. Action by Jno. H. Brantley and others against J. Westley Bittle and others. From Circuit decree, defendants, J. Westley Bittle and Mary U. Liles, appeal. cite: As to construction of the will: 44 S. C., 522; 27 S. C., 479; 11 Rich. Eq., 207; 6 Rich.
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Before Watts, J., Chesterfield, April, 1904. Action by Jno. H. Brantley and others against J. Westley Bittle and others. From Circuit decree, defendants, J. Westley Bittle and Mary U. Liles, appeal. cite: As to construction of the will: 44 S. C., 522; 27 S. C., 479; 11 Rich. Eq., 207; 6 Rich. Eq., 37; 1 Hill Ch., 358; 37 S. C., 264. As to the revival of the judgment: 21 S. C., 74; 35 S. C., 387; 43 S. C., 255; 40 S. C., 762; 39 S. C., 263. Note is presumed paid after twenty years: 26 S. C., 486. No appeal lies unless notice is given: Code of Proc., 339; 30 S. C., 607; 56 S. C., 54. cites: As…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for partition and to enjoin the enforcement of a judgment rendered against the testator, in 1867, and revived in 1900, against the administrator of his estate. The appeal raises the question as to the validity of the judgment, and involves the construction of the testator’s will.
John Bittle made his will in 1868, and died prior to the 22d of February, 1871, as the will was admitted to probate on that day. The fifth clause of the will is as follows: “Fifth: I give and bequeath to my daughters, Roxana Bit-tie and Emily…
2Cases cited9 opinions
- Rutledge v. FishburneSupreme Court of South Carolina · 1903
- McGee v. HallSupreme Court of South Carolina · 1887
- Dukes v. FaulkSupreme Court of South Carolina · 1892
- Brown v. McCallSupreme Court of South Carolina · 1895
- Brock v. KirkpatrickSupreme Court of South Carolina · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rembert v. VetoeSupreme Court of South Carolina · 1911
- Busby v. BusbySupreme Court of South Carolina · 1927
- Irvin v. BrownSupreme Court of South Carolina · 1931
- Martin v. RutledgeSupreme Court of Vermont · 1920
- Buist v. WaltonSupreme Court of South Carolina · 1916
6 more not listed; retrieve them via the Exa API.