Gardner v. Horton
Supreme Court of South Carolina
Before Bowman, J., Camden, Fall term, 1915. Suit for partition by Henry Gardner and others against G. F. Horton and others. From a judgment, plaintiffs and defendant, J. F. Gardner, appeal. John C. Horton had seven children; G. F. Horton, Elizabeth J. Horton, James J. Horton, J. Martin Horton, H. T. Horton, Sarah E. Gardner, and Mary Sowell. Sarah E. Gardner and Mary Sowell were not mentioned in the will.
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Before Bowman, J., Camden, Fall term, 1915. Suit for partition by Henry Gardner and others against G. F. Horton and others. From a judgment, plaintiffs and defendant, J. F. Gardner, appeal. John C. Horton had seven children; G. F. Horton, Elizabeth J. Horton, James J. Horton, J. Martin Horton, H. T. Horton, Sarah E. Gardner, and Mary Sowell. Sarah E. Gardner and Mary Sowell were not mentioned in the will. They had died at the date of this suit, which was by their children and the husband of Sarah E. Gardner against the other five children, the widow and J. F. Gardner, one of the sons of Sarah…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Gary.
John C. Horton died leaving of force, his last will and testament, dated the 28th day of November, 1906. In the first clause thereof, he devises the tract of land therein described, to his son, G. E. Horton, “to him and his heirs in' fee simple absolutely forever.” He also made similar devises of other tracts of land, described in the second, third, fourth and fifth clauses, to his daughter, Elizabeth J. Horton, and his sons, James J. Horton, and J. Martin Horton, and his wife, Cynthia L. Horton, who are parties defendant in this…
2Cases cited2 opinions
- Dukes v. FaulkSupreme Court of South Carolina · 1892
- Rembert v. VetoeSupreme Court of South Carolina · 1911
3Cited by1 opinion
- Irvin v. BrownSupreme Court of South Carolina · 1931