Supreme Court of South Carolina, 1812

Haskell v. House

Haskell v. House
Supreme Court of South Carolina · Decided November 15, 1812 · Nott, Other
5 S.C.L. 242

Haskell v. House

Opinion of the Court

Nott, J.

The will in this case gives the executors a bare, naked authority ; they have no interest in the-land itself. Until they exercise their power, therefore, it descends to the heirs. Co. Lit. 236. a. The will does not even authprise them to bring suit for the land; they were obliged to make use of the names of the heirs. I am of opinion, therefore, that the nonsuit should be set aside.

The other judges concurred.

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