Legal Opinion

Dicks v. Cassels

Supreme Court of South Carolina

Decided April 2, 1915No. 9050PublishedCited by 14 opinions

Before Sease, J., Aiken, April, 1914. Action by James J. Dicks, plaintiff-respondent, against Homer C. Cassels, as executor of the will of L. F. Dicks, Sarah A. Cassels, Hattie M. Dicks, Polly Scott and James Larry, defendants-appellants, for the specific performance of an alleged contract between the plaintiff and L. F. Dicks, defendants' testator, for the making of mutual wills. The facts are stated-in the opinion.

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Before Sease, J., Aiken, April, 1914. Action by James J. Dicks, plaintiff-respondent, against Homer C. Cassels, as executor of the will of L. F. Dicks, Sarah A. Cassels, Hattie M. Dicks, Polly Scott and James Larry, defendants-appellants, for the specific performance of an alleged contract between the plaintiff and L. F. Dicks, defendants' testator, for the making of mutual wills. The facts are stated-in the opinion. From a decree in favor of the plaintiffs, all the defendants, except Hattie M. Dicks, who had made default, appeal upon the following grounds and exceptions: Please take notice…

1Opinion of the Court

The opinion of the .Court was delivered by

Mr, Justice Watts.

This was an action whereby plaintiff asks specific performance of an alleged contract for execution of mutual wills. The evidence shows that two brothers, James J. Dicks and T. F. Dicks, in September 11, 1890, executed wills in favor of each other. Before this they planted and rented their lands and also did a mercantile business in Augusta, Ga.; that D. F. Dicks had charge of the lands and farming operations, and that James J. Dicks had charge of the mercantile business. In 1905 they failed in their mercantile business, went into…

2Cases cited4 opinions

  1. Wilson v. GordonSupreme Court of South Carolina · 1905
  2. Holley v. AnnessSupreme Court of South Carolina · 1894
  3. Marthinson v. McCutchenSupreme Court of South Carolina · 1909
  4. McAulay v. McAulaySupreme Court of South Carolina · 1913

3Cited by14 opinions

  1. Clements v. JonesSupreme Court of Georgia · 1928
  2. Culhane's EstateSuperior Court of Pennsylvania · 1938
  3. Maurer v. JohanssonSupreme Court of Iowa · 1937
  4. Mulkey v. AllenTexas Commission of Appeals · 1931
  5. Young v. LevySupreme Court of South Carolina · 1945

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