Dubose v. Flemming
Supreme Court of South Carolina
Before- Si-iipp, J., Clarendon, Action by J. H. DuBose, as executor of H. G. Dennis, against William D. Flemming et al. Defendants, Thomas Willard Flemming and William D. Flemming, appeal.
Read the full summary
Before- Si-iipp, J., Clarendon, Action by J. H. DuBose, as executor of H. G. Dennis, against William D. Flemming et al. Defendants, Thomas Willard Flemming and William D. Flemming, appeal. The following is the material parts of the will of H. G. Dennis: 2. “I want all my personal property and real estate to be equally divided between William Daniel Flemming and Thomas Willard Flemming. 3. “I also want William Daniel Flemming and Thomas Willard Flemming tO' have all my life insurance money or all the money collected on my policies and to equally divide the same so they will share and share…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to have the Court construe the will of IT. G. Dennis.
The Circuit Court held that the devisees therein' mentioned took fees conditional with cross remainders.
The record shows that testator left a sister and nephew and nieces, the children of a predeceased brother, besides the devisees, who’ are sons of a predeceased sister.
Construed in the light of these circumstances, the word “heirs” was properly held to have been used in the will in the sense of children, or heirs of the body, and that each of the devisees…
2Cited by6 opinions
- Hutto v. RaySupreme Court of South Carolina · 1940
- Wilson v. PostonSupreme Court of South Carolina · 1924
- Dukes v. ShulerSupreme Court of South Carolina · 1938
- Bonds v. HutchisonSupreme Court of South Carolina · 1942
- Rish v. WingardSupreme Court of South Carolina · 1916
1 more not listed; retrieve them via the Exa API.