Legal Opinion

Magee v. O'Neill

Supreme Court of South Carolina

Decided April 17, 1883PublishedCited by 9 opinions

Before Hudson, J., Charleston, December, 1881. The Circuit decree in this case, omitting its statement of facts, which are fully set out in the opinion of this court, was as follows: In the second of the exceptions, according to the order in which they are stated, and in which it is said that there is error in the conclusion of law, that it cannot be judicially ascertained whether Mrs. Magee (the plaintiff) was or not reared in the faith of the Roman Catholic Church, the…

Read the full summary

Before Hudson, J., Charleston, December, 1881. The Circuit decree in this case, omitting its statement of facts, which are fully set out in the opinion of this court, was as follows: In the second of the exceptions, according to the order in which they are stated, and in which it is said that there is error in the conclusion of law, that it cannot be judicially ascertained whether Mrs. Magee (the plaintiff) was or not reared in the faith of the Roman Catholic Church, the judgment of the court is that in this there was error, and the exception is sustained. The remaining exceptions are that…

1Opinion of the Court

The opinion of the court was delivered by

Me. Justice McGowan.

John Magee, of Charleston, by a clause of his will, devised as follows: “Item. I bequeath one-twentieth part of the remaining collections and proceeds arising from the debts collected and the sales of all my personal property and real estate to my friends John F. O’Neill and Thomas O’Brien, to them and their heirs, in trust, to invest the same in property yielding a certain interest, which said income or interest shall be appropriated to the maintenance and education of my grandchild Elizabeth Magee, daughter of my deceased son, the *178…

2Cases cited3 opinions

  1. Finlay v. King's LesseeSupreme Court of the United States · 1830
  2. Newell v. . NicholsNew York Court of Appeals · 1878
  3. Fox v. PhelpsNew York Supreme Court · 1838

3Cited by9 opinions

  1. Barwin v. ReidyNew Mexico Supreme Court · 1957
  2. Delaware Trust Co. v. FitzMauriceCourt of Chancery of Delaware · 1943
  3. In Re Estate of LaningSupreme Court of Pennsylvania · 1975
  4. Crossman v. Crossman's EstateSupreme Court of Vermont · 1927
  5. In Re Estate of LaningSupreme Court of Pennsylvania · 1975

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API