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16 S.C. Eq. 106

Verdier v. Verdier

Court of Appeals of South Carolina

Decided February 15, 1841

Court of Appeals of South Carolina · decided 1841-02-15

Heard before his Honor Chancellor Dunkin, at Charleston, -Term, 18 — , who made the following decree. The will of Micah Jenkins, was proved in March, 1830. Held: that “ where the wife has a legal estate in chattels personal, and the right of immediate possession in severalty, the marital rights of the husband will attach, and vest the property in him.” It is proper to apply the principle, in the first place, to the slaves claimed under the will of Mr. Jenkins. Mr..

Decided 1841-02-15

Curia, per Dunkin, Chancellor.

¶1This is a very hard case; it is not, perhaps, relieved by the recollection, that the father of the complainant, influenced by high and ho*114norable motives, declined, a settlement of his daughter’s estate, when it was proposed by the intestate, on the eve of their marriage. According to his testimony at the hearing, he had not been long acquainted with the intestate; but he doubted the general policy of such arrangements. He thought the experience of a twelve-month would enable him to judge whether such a measure would be expedient; and, as the husband was not to have the actual possession of his wife’s property, he erroneously supposed that his marital rights would not, in the mean time, attach. However much the mistake may be regretted, it is not in the power of the Court to modify the law, or alter the decisions, in order to relieve against individual hardship. After carefully reviewing the authorities cited by the decree, it seems impossible to withdraw the case from the principles there established or recognized.

Pettigru & Lesesne, for the motion.

¶2The decree is affirmed.

¶3BENJ. F, DUNKIN,

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