Burkett v. Whittemore
Supreme Court of South Carolina
Before Cotiiran and Pressley, JJ., Sumter, June, 1886, and October, 1888. Action for partition by Henry T. Burkett against Emily E. Wiiittemore and otheis, commenced April 14, 1886. The Circuit decree of Judge Pressley, omitting its statement of facts, was as follows: After that time [June 15, 1867], said Penelope bought other parcels of land, without reserving to herself at time of purchase any power to dispose of these parcels by will.
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Before Cotiiran and Pressley, JJ., Sumter, June, 1886, and October, 1888. Action for partition by Henry T. Burkett against Emily E. Wiiittemore and otheis, commenced April 14, 1886. The Circuit decree of Judge Pressley, omitting its statement of facts, was as follows: After that time [June 15, 1867], said Penelope bought other parcels of land, without reserving to herself at time of purchase any power to dispose of these parcels by will. My judgment is, that said lands so purchased do not pa>s under her will, but are subject to partition, because the subsequent removal by staiute of her…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
This case was originally heard at November term, 1890, but owing to a difference of opinion between the only two Justices then upon the bench, a re-argument became necessary, arid the case was fina'ly heard by a full bench during November term, 1891; ami there still being a difference of opinion as to one of the questions involved, it has been thought best that the members of the court should file separate opinions.
Nancy Sledge, by her last will and testament, which was admitted to probate in March, 1861, devised to her…
2Cases cited2 opinions
- Lee v. SimpsonSupreme Court of the United States · 1890
- Bowen v. ChaseSupreme Court of the United States · 1877
3Cited by6 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Davis v. DavisSupreme Court of South Carolina · 1949
- Hembree v. BoltonSupreme Court of South Carolina · 1925
- Price v. Ouiga Realty Co.Supreme Court of South Carolina · 1920
- Cohen Testamentary Trust v. CommissionerUnited States Board of Tax Appeals · 1940
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