Collins v. Collins Estate, Inc.

Mr. Associate Justice OxnER

delivered the unanimous Opinion of the Court.

John D. Collins died in 1925 leaving a large estate, including valuable business property in the City of Spartan-burg. This Court held that the terms and provisions of his* will were too vague, obscure and ambiguous to be declared a valid testamentary instrument, except as to the appointment of an executor. Davenport v. Collins et al., 161 S. C., 387, 159 S. E., 787.

Thereafter an action was brought to partition the real estate in kind between his twelve children and to authorize the refinancing of certain indebtedness…