Thomas v. Poole
Supreme Court of South Carolina
Before Fraser, J., Spartanburg, July, 1881. The opinion states the case. The Circuit decree, omitting its statement, was as follows: The questions to be settled now, are— 1. What are the rights of the several parties under this will, under a proper construction of its terms ? 2. Did the Probate judge have the right to adjust the equities of the parties and order a sale of this land for this purpose ? Both questions are involved in doubt, and I approach them with misgivings.
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Before Fraser, J., Spartanburg, July, 1881. The opinion states the case. The Circuit decree, omitting its statement, was as follows: The questions to be settled now, are— 1. What are the rights of the several parties under this will, under a proper construction of its terms ? 2. Did the Probate judge have the right to adjust the equities of the parties and order a sale of this land for this purpose ? Both questions are involved in doubt, and I approach them with misgivings. The inquiry in all these cases is not what the testator intended to put in his will, but what intention is expressed by…
1Opinion of the Court
The opinion of the court was delivered by
Me. Chief Justice Simpson.
Elisha Poole, late of Spartanburg county, died in March, 1865, leaving of force a last will and testament. He also left surviving three children, and the children of a deceased son, Luther Poole. He died possessed of certain real estate, located in said county, and, also, of personal property.
In the second clause of his will he directed his land, three slaves and his stock in the South Carolina Railroad and South *330Western Railroad Bank to be appraised, after dividing bis land into two tracts.
In the third clause he “ bequeathed…
2Cited by2 opinions
- State v. ThompsonSupreme Court of South Carolina · 1922
- In Re: WillcoxSupreme Court of South Carolina · 1931