Legal Opinion

Jones v. Massey

Supreme Court of South Carolina

Decided March 21, 1878PublishedCited by 2 opinions

Before MACKEY, J.,,at Lancaster, August, 1876. This was an action by Churchill B. Jones, trustee of Sarah Jones, and guardian of James R. Massey, Jr., against James R. Massey and others, defendants. The facts of the case are fully stated in the report of the Referee, to whom it had been referred to take the testimony, and in the decree of the Circuit Court. The report is as follows: Mrs. Elizabeth Massey died in 1859, leaving a will, of which Dixon Barnes was sole executor.

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Before MACKEY, J.,,at Lancaster, August, 1876. This was an action by Churchill B. Jones, trustee of Sarah Jones, and guardian of James R. Massey, Jr., against James R. Massey and others, defendants. The facts of the case are fully stated in the report of the Referee, to whom it had been referred to take the testimony, and in the decree of the Circuit Court. The report is as follows: Mrs. Elizabeth Massey died in 1859, leaving a will, of which Dixon Barnes was sole executor. She devised to her son, the defendant, James R. Massey, certain mills on her plantation on the Catawba River and one…

1Opinion of the Court

The opinion of the Court was delivered by

Willard, C. J.

The facts of this ease are fully stated in the report of the Referee and the decree of the Circuit Court. The main features of the question depend upon the construction of the will of Mrs. Elizabeth Massey. The testatrix had one son, the defendant, James R. Massey, two daughters, and the children of a deceased daughter. She had a large estate, real and personal, including mills, plantation and slaves. The main features of the will were that James R. Massey was to take the mills with one hundred acres of land adjoining and one-half of her…

2Cited by2 opinions

  1. Ex Parte JohnsonSupreme Court of South Carolina · 1928
  2. Fitzpatrick v. WylieSupreme Court of South Carolina · 1907

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