Hall v. Goodwyn
Supreme Court of South Carolina
This was an action of trespass to try title, in which the plaintiffs claimed as heirs at law of William Howell, Sen., deceased. The defendants claimed under Robert Howell, a devisee, under the will of the said William Howell. If Robert Howell took a fee under the devise to him, the defendants were entitled to hold the land; if he took only a life estate, the plaintiffs were entitled to recover.
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This was an action of trespass to try title, in which the plaintiffs claimed as heirs at law of William Howell, Sen., deceased. The defendants claimed under Robert Howell, a devisee, under the will of the said William Howell. If Robert Howell took a fee under the devise to him, the defendants were entitled to hold the land; if he took only a life estate, the plaintiffs were entitled to recover. The only part of the will which it appeal's necessary to notice, are the preamble, which is in these words, “ and as touching such worldly estate as it has *pleased God to bless me with in this life, I…
1Opinion of the Court
The opinion of the Court was delivered by
Nott, J.
In all deeds or grants of land, the words “heirs” is necessary to carry a fee simple The rule has been somewhat relaxed in relation to wills. No technical words of inheritance are required ; hut the intention of the testator is to he received as the rule of decision. And although the opinions expressed by Lord Mansfield, 2 Doug. 163, and Judge Buller, 3 T. R. 356, are probably correct, “'that there is hardly any case of this sort, where only an estate for life is held to pass, but that it counteracts the testator’s intention,” yet I believe,…
2Cases cited5 opinions
- Clayton v. ClaytonSupreme Court of Pennsylvania · 1811
- Jackson ex dem. Wells v. WellsNew York Supreme Court · 1812
- Smith v. BarstowMichigan Supreme Court · 1845
- Overseers of the Poor of Scaghticoke v. Overseers of the Poor of BrunswickNew York Supreme Court · 1817
- Pickle v. AbbottCourt of Appeals of Texas · 1887