Magee v. O'Neill
Supreme Court of South Carolina
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…
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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…
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