Supreme Court of South Carolina, 1937

McLaurin v. Newton

Supreme Court of South Carolina · Decided April 13, 1937 · Fisi-Iburne, Chiee, Stabler, Messrs, Carter, Bonham, Baker

191 S.E. 59; 183 S.C. 379; 1937 S.C. LEXIS 113 (South Eastern Reporter)

Counsel

Messrs. J.K. Owens and Bennett Carroll , for appellants, cite: As to existence of codicil at time of death: 22 S.C. 190 ; 28 R.C.L., 388. Where legacy or devise lapses: 28 R.C.L., 327; 40 Cyc., 1925; 36 S.C. 308 ; 13 Rich. Eq., 104; 159 S.C. 282 ; 36 S.C. 302 ; 26 S.C. 450 ; 20 S.C. 317 . Messrs. Tison Miller , for respondent, cite: Construction of will: 26 S.C. 450 ; 2 S.E., 474 ; 36 S.C. 38 ; 15 S.E., 278 ; 71 S.C. 175 ; 50 S.E., 794 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fisi-iburne.

The appeal here is from the decree of his Honor, Judge Dennis, of date December 12, 1936, wherein he affirmed the report of Hon Charles E. Sligh, Special Referee. The history of the case is fully set forth in the report.

After a careful consideration of the record and the questions raised by the exceptions, this Court is satisfied with the conclusion reached by the Circuit Judge.

All exceptions are overruled. It is the judgment of this Court that the judgment of the Circuit Court be affimed.

Mr. Chiee Justice Stabler and Messrs. Justices Carter, Bonham and Baker concur.

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