Supreme Court of South Carolina, 1942

Stafford v. Stafford

Supreme Court of South Carolina · Decided May 12, 1942 · Stukes, Ci-Iiee, Bonham, Messrs, Baker, Fisitburne, Fide

20 S.E.2d 217; 200 S.C. 1; 1942 S.C. LEXIS 59 (South Eastern Reporter, Second Series)

Counsel

Mr. Joe P. Lane of Dillon, counsel for appellants, cites: As to power of equity Court to order sale of land in question: Compares Cannon v. Cannon , 135 S.C. 183 , 133 S.E., 556 ; with case at bar. Mr. W.C. Moore of Dillon, counsel for respondent, cites: As to justification of Court in allowing sale in question : 135 S.C. 183 , 133 S.E., 556 ; 149 S.C. 545 , 147 S.E., 648 ; 115 S.C. 10 , 104 S.E., 325 .

Opinion of the Court

The opinion of the Court ■ was delivered by

Mr. Associate Justice Stukes :

The circuit decree from which this appeal was taken is affirmed and adopted as the judgment of this Court. It will be reported. There are ample sustaining authorities; among ■them are: Cannon v. Cannon, 135 S. C., 183, 133 S. E., 556; and Kirkham v. First Nat. Bank, 149 S. C., 545, 147 S. E., 648.

The exceptions question (1) the sufficiency of the factual showing of reasonable necessity for, or the expediency of, the sale of the property; (2) that the sales price is the full value, and (3) the safeguarding of the fund for the life tenants and remaindermen.

However, careful consideration of the testimony and Master’s report discloses no reasonable foundation for the criticisms. It is noted that the provisions for the preservation and application of the substituted fund in accord with the terms of the deed are very similar to the requirements made by this Court in Cannon v. Cannon, supra.

The exceptions are overruled and the judgment affirmed.

Mr. Ci-iiEE Justice Bonham and Messrs. Associate Justices Baker and Fisitburne concur. Circuit Judge L. D. Fide, Acting Associate Justice, disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.