Matthews v. Clark
Supreme Court of South Carolina
■ Before Gary, J., Lexington, August, 1915. Suit to construe a will, by J. L. Matthews, administrator, against Corrie Clark and others. From a decree, respondents appeal.
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■ Before Gary, J., Lexington, August, 1915. Suit to construe a will, by J. L. Matthews, administrator, against Corrie Clark and others. From a decree, respondents appeal. The decree appealed from is as follows: This suit was instituted for the purpose of obtaining an authoritative construction of the will of George C. Clark, late of Lexington county, who died in November, 1910. When the pleadings were all made up and filed, there had been injected into the case issues not contemplated by the complaint, although entirely proper and timely. The issues so injected are: “Is the widow of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The appellant says:
“Geo. C. Clark died on the-day of November, 1910, leaving of force a will, which was thereafter duly admitted to probate, wherein he undertook to dispose of his estate, both personal and real, to his widow, Corrie Clark, the appellant herein, and to his children by a predeceased wife.
“The issues raised in this case are: (a) Is the widow of the said George. C. Clark, deceased, entitled both to the legacy left her in the will and to her estate of dower in the real property of her deceased husband? (b) Did she, by…
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