Lemmon v. McElroy
Supreme Court of South Carolina
Suit by James T. Lemmon, as administrator of the estate of Sarah McElroy, deceased, against Janie Ferguson McElroy and others, for the construction of a will. From a decree construing the will unfavorably to her, defendant, Janie Ferguson McElroy, appeals.
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Suit by James T. Lemmon, as administrator of the estate of Sarah McElroy, deceased, against Janie Ferguson McElroy and others, for the construction of a will. From a decree construing the will unfavorably to her, defendant, Janie Ferguson McElroy, appeals. The decree of Judge Gary, in the Court below, was as follows : This is an action to construe the will of Robert McElroy, deceased, under which Sarah McElroy received the funds which are now in the hands-of her administrator. The will is dated July 19, 1873, and was admitted to probate in 1890 by the Judge of probate for Berkeley county. The…
1Opinion of the Court
January 27, 1920. The opinion of the Court was delivered by For the reasons therein stated, the judgment of the Circuit Court is affirmed.
MESSRS. JUSTICES HYDRICK and WATTS concur.
MR. JUSTICE FRASER. I dissent. It is conceded that the word "family" is one of very broad signification, and may include, not only the wife, but even the servants. InBradley v. Rodelsperger, 3 S.C. 227, we find:
"The Constitution has not given any definition of the term `family,' nor indicated any of its necessary ingredients; the term must, therefore, be taken in its ordinary sense. In this sense, it is not…
2Cases cited1 opinion
- Garaty & Armstrong v. DuboseSupreme Court of South Carolina · 1875
3Cited by13 opinions
- Avinger v. AvingerSupreme Court of South Carolina · 1921
- Black v. GettysSupreme Court of South Carolina · 1961
- Wannamaker v. South Carolina State BankSupreme Court of South Carolina · 1935
- Clardy v. ClardySupreme Court of South Carolina · 1923
- Magrath v. MagrathSupreme Court of South Carolina · 1937
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