Shuman v. Heldman
Supreme Court of South Carolina
Before Krugh, J., Greenville, August, 1901. Action by Basil M. Shuman, executor of George Held-man, against Matthew Heldman, Emma Weise et al. From'Circuit decree, defendant, Emma Weise, appeals. cites: These are personal legacies, and no legatee has any interest except in the money: 8 Rich. Eq., 795 23 S. C., 387, 513; 25 S. C., 1495 8 Rich. Eq., 291. Same rule as to conditions precedent do not apply alike to real and personal estate: 2 Jar. on Wills,* 13; 1 Story Eq.
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Before Krugh, J., Greenville, August, 1901. Action by Basil M. Shuman, executor of George Held-man, against Matthew Heldman, Emma Weise et al. From'Circuit decree, defendant, Emma Weise, appeals. cites: These are personal legacies, and no legatee has any interest except in the money: 8 Rich. Eq., 795 23 S. C., 387, 513; 25 S. C., 1495 8 Rich. Eq., 291. Same rule as to conditions precedent do not apply alike to real and personal estate: 2 Jar. on Wills,* 13; 1 Story Eq. Jur., sec. 291. Condition precedent cam, be waived, performance excused, and part performance is equivalent then to full…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
George Heldman departed this life on the 3d day of October, 1892, leaving a last will and testament, which the plaintiff, as executor, caused to be admitted to probate in the probate court for 'Greenville County, in this State, on the 8th day of October, 1892. By the 5th item of said will, he devised and bequeathed all the rest and residue of his whole estate unto his wife, Mrs. Matilda Ann Held-man, for and during her natural life, with the right to use as much of the corpus as may be necessary to her support and maintainance during…
2Cases cited1 opinion
- Finlay v. King's LesseeSupreme Court of the United States · 1830
3Cited by2 opinions
- Hardwick v. PageSupreme Court of South Carolina · 1923
- Wetterlund v. HolmCourt of Appeals for the Tenth Circuit · 1934