Benbow v. Levi
Supreme Court of South Carolina
Before Benet, J., Clarendon, October, 1896. Action by Prank M. Benbow, trustee, and Ann R. Ben-bow against David Levi, for possession of a tract of land. Judgment of nonsuit.
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Before Benet, J., Clarendon, October, 1896. Action by Prank M. Benbow, trustee, and Ann R. Ben-bow against David Levi, for possession of a tract of land. Judgment of nonsuit. Plaintiffs appeal. cites: Wife's right of action did not accrue until death of husband, trustee: 82 S. C., 72. Defendant stands in same position as trustee: Spear’s Bq., 303. Trustee cannot defeat rights of cestui que tmist: 2 Story, 630, 493; Newhall, 360; 10 John., 65. cite: Actions by trustee bind cestui q^í■e trust: Code, 98, sub. 2; 92 N. Y., 76; 118 N. Y., 517; 104 N. Y., 538; 108 N. Y., 282; 40 Hun., Ill; 49…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
On the 1st day of January, 1863, John G. King by his deed conveyed to P. G. Benbow a tract of land, situate in Clarendon County, in this State, and containing 500 acres, more or less, in trust, for his wife and children, in these words: “In trust, for the sole and separate use of Ann R. Benbow during the term of her natural life, or widowhood, and from and after the death or marriage of the said Ann R. Benbow, in trust, for the use of such child or children as may be alive at her death or marriage, until they should arrive at the age…
2Cited by8 opinions
- Kirton v. HowardSupreme Court of South Carolina · 1926
- Young v. McNeillSupreme Court of South Carolina · 1907
- Moyle v. CampbellSupreme Court of South Carolina · 1923
- Breeden v. MooreSupreme Court of South Carolina · 1909
- Boney v. CornwellSupreme Court of South Carolina · 1922
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