McChesney v. Smith
Supreme Court of South Carolina
Before Moore, J., Laurens, May, 1915. Action by Jennie A. McChesney against J, C. Smith, individually, and as executor of the estate of D. C. Smith. From a judgment for defendant, plaintiff appeals. cite: As to whether the facts of this case present a case for abatement on account of the alleged shortage in acreage: 2 Speer 68; 23 S. C. 105 ; 41 S. C. 198; 35 S. C. 391; 58 S. C. 473; Rice Eq. 55; 68 L. R. A. 908; 12 Pac. 84; Pom. Eq.
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Before Moore, J., Laurens, May, 1915. Action by Jennie A. McChesney against J, C. Smith, individually, and as executor of the estate of D. C. Smith. From a judgment for defendant, plaintiff appeals. cite: As to whether the facts of this case present a case for abatement on account of the alleged shortage in acreage: 2 Speer 68; 23 S. C. 105 ; 41 S. C. 198; 35 S. C. 391; 58 S. C. 473; Rice Eq. 55; 68 L. R. A. 908; 12 Pac. 84; Pom. Eq. Juris., secs. 850, 855, 856 and 871; Bailey Eq. 343; 2 Strob. Eq. 148; 46 S. C. 220; 60 S. C. 477. cite: Astomutualmistake: 69 Tex. Civ. 437; 5 Am. St. R. 78; 25…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for specific performance. Plaintiff was the second wife and widow of D. C. Smith. After his death, she married McChesney. By his first wife, D. C. Smith had three children, J. C. Smith, defendant herein, Mrs. Walker and Mrs. Anderson. The last named predeceased her father, leaving her husband and two children, who are infants. D. C. Smith died in February, 1912, leaving two wills, in both of which J. C. Smith was appointed executor. One of the wills, presumably the last made, was probated, in common form, in…
2Cases cited1 opinion
- Marthinson v. McCutchenSupreme Court of South Carolina · 1909
3Cited by8 opinions
- Campbell v. CarrCourt of Appeals of South Carolina · 2004
- Hodge v. SheaSupreme Court of South Carolina · 1969
- Amick v. HaglerCourt of Appeals of South Carolina · 1985
- Bull v. FallawSupreme Court of South Carolina · 1918
- Yawkey v. LowndesSupreme Court of South Carolina · 1929
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