Legal Opinion

Bischoff v. Atlantic Realty Corp.

Supreme Court of South Carolina

Decided July 24, 1913No. 8622PublishedCited by 1 opinion

Before DeVorE, J., Charleston, April, 1913. Controversy without action by Albert Bischoff, Anna M. S. Hessemann, J. Edwin Bischoff, and Julia W. Otzen against Atlantic Realty Corporation. Defendant appeals. The will in question is: “The State of South Carolina, In the Name of God, Amen.

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Before DeVorE, J., Charleston, April, 1913. Controversy without action by Albert Bischoff, Anna M. S. Hessemann, J. Edwin Bischoff, and Julia W. Otzen against Atlantic Realty Corporation. Defendant appeals. The will in question is: “The State of South Carolina, In the Name of God, Amen. “I, Albert Bischoff, of the city of Charleston, S. C., and State aforesaid, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore ordain, publish and declare this to be my last will and testament in the following manner: . Item 1st. “I will and direct…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is a controversy without action, under sections 413 and 414 of the Code of Procedure, for the purpose of determining whether the plaintiffs who1 entered into an agreement with the defendant to sell the land described in the complaint, have such a marketable title, as the defendant is bound to' accept.

Albert Bischoff departed this life, leaving of force his last will and testament, the second and third items of which are as follows:

Item 2d. “All the rest and residue of my real estate and personal property whatsoever, I give…

2Cases cited1 opinion

  1. Marshall v. MarshallSupreme Court of South Carolina · 1894

3Cited by1 opinion

  1. Drummond v. DrummondSupreme Court of South Carolina · 1928

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