Mordecai v. Canty
Supreme Court of South Carolina
Before Shipp, J., Charleston, -, 1909. Petition in probate court for Charleston county by T. Moultrie M-ordecai, -executor of the will of Michael C. O’Neill, against Michael V. Canty-, Edmunds Ka-mble and others, praying proof of will in s-olemn form.
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Before Shipp, J., Charleston, -, 1909. Petition in probate court for Charleston county by T. Moultrie M-ordecai, -executor of the will of Michael C. O’Neill, against Michael V. Canty-, Edmunds Ka-mble and others, praying proof of will in s-olemn form. From Circuit decree, reversing judgment of probate' court, and remanding case for new trial, defendants, Elizabeth F. O’Neil! and Mary- A. O’Neill, appeal. cite: That the will was drawn by the exclusive beneñciary’s law partner raises a rebuttable presumption against the validity of the will. Schouler on Wills, Par. 245; Reinsert on Wills, Par.…
1Opinion of the Court
August 2, 1910. The opinion of the Court was delivered by Two papers, each purporting to be the last will of Michael C. O'Neill, were admitted to probate in common form in the probate court of Charleston. By the first, which bears date September 5, 1907, legacies are given to Mary and Elizabeth O'Neill, James and Henry Corbett, St. Francis Xavier Infirmary, the trustees of the College of Charleston, Walford Johnson, and the residue to Edmund Kemble and J.W. O'Connell. By the second, which bears date September 19, 1907, the whole estate is given to T. Moultrie Mordecai, who is named executor,…
2Cases cited8 opinions
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Ex parte WhiteSupreme Court of South Carolina · 1890
- In Re Solomons' EstateSupreme Court of South Carolina · 1906
- Kaufman v. CaughmanSupreme Court of South Carolina · 1897
- Thames v. RouseSupreme Court of South Carolina · 1908
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3Cited by17 opinions
- Wood v. WoodWyoming Supreme Court · 1917
- In Re Mitchell's EstateWashington Supreme Court · 1952
- Strahl v. TurnerSupreme Court of Missouri · 1958
- Fidelity Fire Ins. Co. v. WindhamSupreme Court of South Carolina · 1926
- Smith v. WhetstoneSupreme Court of South Carolina · 1946
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