Supreme Court of South Carolina, 1812

Haskell v. House

Haskell v. House
Supreme Court of South Carolina · Decided November 15, 1812 · Nott
6 S.C.L. 106

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 authorise 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 non-suit should be set aside.

The other Judges concurred.

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