Haskell v. House

Supreme Court of South Carolina
Haskell v. House, 6 S.C.L. 106 (S.C. 1812)
Nott

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.

Reference

Full Case Name
Elnathan Haskell and others v. Andrew House
Status
Published