Supreme Court of South Carolina, 1928

Welborn v. Holder

Supreme Court of South Carolina · Decided January 25, 1928 · No. 12361 · Blease, Carter, Cothran, Messrs, Stabler, Watts

141 S.E. 448; 143 S.C. 277; 1928 S.C. LEXIS 15 (South Eastern Reporter)

Counsel

Mr. C.E. Robinson , for appellant, cites: Habendum and warranty clauses of this deed do not change or alter the estate granted, which shows an intention all the way through to convey a life estate: 48 S.C. 341 ; 84 S.C. 427 ; 114 S.C. 501 . Messrs. Haynsworth Haynsworth , for respondent, cite: Deed created naked trust here and under Statute of Uses the trust was executed and the estate became vested in the cestui que trust: 10 S.C. 376 ; 123 S.C. 371 ; 51 S.C. 271 ; 46 S.C. 522 . Under rule in Shelley's Case, the deed operated to convey an estate in fee simple: 76 S.C. 484 ; 67 S.C. 118 ; 69 S.C. 292 ; 95 S.C. 32 ; 3 Hill, 193; 76 S.C. 36 ..

Concurring Opinion

We concur in the result. We do not think that the rule in Shelley's Case has any application, for the reason that no life estate is conveyed to G.W. Bowen, and no remainder in his heirs is created. The trust is a passive trust, and the statute executes the use in G.W. Bowen in fee.

Opinion of the Court

January 25, 1928. The opinion of the Court was delivered by For the reasons assigned by his Honor, Judge Mauldin, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.