Legal Opinion

Schmidt v. Schmidt

Court of Appeals of South Carolina

Decided January 15, 1855Published

BEEOBE DABG-AN, CH., AT OHABLESTON, JUNE, 1854. Guillaume Dumont, by bis will dated 2d December, 1805, devised bis real estate, subject to an annuity to his wife, to bis two children, Ursule Dumont and Blaise Dumont, and to the survivor, if either should die under age and unmarried, and devised to his wife and children his personal property; and ordered- that his widow and his friend Peter Laurans, whom he appointed executors, should not be liable to be called to aceo'unt by…

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BEEOBE DABG-AN, CH., AT OHABLESTON, JUNE, 1854. Guillaume Dumont, by bis will dated 2d December, 1805, devised bis real estate, subject to an annuity to his wife, to bis two children, Ursule Dumont and Blaise Dumont, and to the survivor, if either should die under age and unmarried, and devised to his wife and children his personal property; and ordered- that his widow and his friend Peter Laurans, whom he appointed executors, should not be liable to be called to aceo'unt by his children for the application of the income, which, during their infancy, was to be applied for their benefit,…

1Opinion of the Court

The opinion of the Court was delivered by

Wabjdlaw, Ch.

A trust deed of July 10,1826, from Dr. John W. Schmidt to M. A. R. Dumont, is obscure and inartificial in its frame, and the interpretation of some of its provisions would be difficult, if we were unaided by the acts of the parties and of the Court, in execution of the instrument. If the construction of this deed were to be originally settled by us upon its own terms, we should hold that the grantor thereby parted conditionally or alternatively with his whole estate in the subjects of conveyance, and that no trust resulted to him in the *215eve…

2Cases cited1 opinion

  1. Livingston v. LivingstonNew York Court of Chancery · 1817

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