Supreme Court of South Carolina, 1938

Porcher v. Cappelmann

Supreme Court of South Carolina · Decided July 5, 1938 · Greene, Chiee, Stabrer, Messrs, Bonham, Baker, Eisi-Iburne, Carter

198 S.E. 8; 187 S.C. 491; 1938 S.C. LEXIS 119 (South Eastern Reporter)

Counsel

Messrs. Herbert Dial and Thomas, Lumpkin Cain , for appellant, cite: Public charity defined: 5 R.C.L., 293; 122 S.C. 96 ; 37 S.C. 463 ; 95 N.Y., 76 ; 130 Mass. 211 ; 125 N.Y., 581 ; 17 S.C. 50 . As to indefinite trust: 137 S.E., 727 . Messrs. C.T. Graydon and Nelson, Mullins Grier , for respondent, cite: Valid charitable trust: 1 Rich. Eq., 99; 48 S.C. 444 ; 5 R.C.L., 339; 10 A.J., 657. Intention of testator: 70 S.C. 555 ; 67 Am. Dec., 160; 107 S.E., 238; 107 U.S. 163 ; 27 L.Ed., 397 . Public charity: 11 C.J., 340; 226 U.S. 126 ; 57 L.Ed., 152 . Charitable trust not invalid because of scope of beneficiaries: 142 Kan., 352 ; 47 P.2d 63 ; 160 A., 884; 75 S.W. 210; 62 L.R.A., 398; 99 A.L.R., 657; 122 S.C. 96 ; 115 S.E., 217 ; 96 N.E., 925 ; 37 L.R.A. (N.S.), 1023; 157 N.E., 747 ; 184 S.E., 199 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. G. B. Greene, Acting Associate Justice.

Plaintiff brought this action for the purpose of having the Court to construe the will of Elvira B.. Wright and to declare that the trust created in “Item 10” thereof is void and ineffective as a disposition of the property of testatrix in any respect. She asks also that the Court declare that she, as sole heir-at-law, is entitled to the entire, estate of testatrix after the payment of specific legacies. Defendant’s demurrer to the complaint was heard by Honorable C. C. Featherstone, Circuit Judge, who signed a decree sustaining the demurrer and dismissing the complaint. From that decree plaintiff appeals.

In our opinion Judge Featherstone in his well-considered decree has correctly decided all issues in the case that are now before this Court. All exceptions are therefore overruled and the decree and judgment of the Circuit Court affirmed. Ret Judge Featherstone’s decree be reported.

*504 Mr. Chiee Justice Stabrer and Messrs. Justices Bonham, Baker, and Eisi-iburne concur. Mr. Justice Carter did not participate on account of illness.

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