Burton v. Burton
Supreme Court of South Carolina
Action for partition by Mary L. Burton and another against Claude W. Burton and others and Nannie A. Burton and another. From a judgment for plaintiffs, defendants first named appeal. cites: As to the rule of construction: 42 S. C. 345. As to the definition of the word “heirs:” 37 S. C. 255; 16 S.'E. 122-127; 1 McMul. Eq. 206, 207; 3 Rich. Eq. 550; 21 Cyc. 418, 419; 10 Ky. R. Rep. 867, 868; 67 Pa. St. 446; 36 S. C. 38-44; 3 Rich.
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Action for partition by Mary L. Burton and another against Claude W. Burton and others and Nannie A. Burton and another. From a judgment for plaintiffs, defendants first named appeal. cites: As to the rule of construction: 42 S. C. 345. As to the definition of the word “heirs:” 37 S. C. 255; 16 S.'E. 122-127; 1 McMul. Eq. 206, 207; 3 Rich. Eq. 550; 21 Cyc. 418, 419; 10 Ky. R. Rep. 867, 868; 67 Pa. St. 446; 36 S. C. 38-44; 3 Rich. Eq. 156. As to construction of a will: 105 S. C. 13. cite: As to the construction of wills: 4 DeS. Equity Reports, pp. 274 and 301 and 302; Richardson Equity…
1Opinion of the Court
The opinion of the Court was delivered by
MR. Justice Hydrick.
Plaintiffs brought this action for partition of a tract of land, alleging that they are seized thereof in fee as tenants in common with defendants, under the will of their grandmother; Mary S. Burton, and demanded an accounting of the rents and profits and sale of the tract for division. Defendants denied that plaintiffs have any interest in the land, and alleged that, according to the will, they are only entitled to a legacy of $25 each.
The issues arise out of the construction of the will and a codicil thereto. The will was…
2Cases cited1 opinion
- Shaw v. RobinsonSupreme Court of South Carolina · 1894
3Cited by8 opinions
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Peecksen v. PeecksenSupreme Court of South Carolina · 1945
- Peoples National Bank v. BarlowSupreme Court of South Carolina · 1960
- First National Bank v. HutsonSupreme Court of South Carolina · 1927
- Davis v. DalrympleSupreme Court of South Carolina · 1931
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