¶1
The opinion of the Court was delivered by
Mr. Justice Carter.
¶2
The facts and issues involved in this case, necessary for an understanding of the case are fully stated in the report of the special referee, Hon. A. C. Todd, to whom the case was referred to take the testimony and report his findings of fact and conclusions of law, with leave to' report any special matters. On exceptions to the referee’s report, the case was heard by his Honor, Judge C. C. Eeatherstone, who confirmed the report of the referee, except as to minor matters which, by consent of the counsel, were modified.
¶3
We agree with the holding of the Circuit Court, except as to the interest Mrs. Young, wife of the testator, took in house and lot referred to as the brick house property, and, also, as to the application that should be made of the item of $2,100 paid to Mrs. Youngby the executor. In our opinion, under the codicil to the will in question, Mrs. Young took only a life estate in the brick house property. It is, further, our opinion that the said item of $2,100 should be charged as an advancement on the interest of Mrs. Young in said estate.
¶4
It is, therefore, the judgment of this Court that the judgment of the Circuit Court be modified in accordance with the views herein expressed and affirmed in every other respect.
*363
Mr. Chief Justice BeEase and Messrs. Justices StabeEr and Bonham concur.
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Case posture Posture Before FEATHERSTONE, J., Laurens, September, 1930. Judgment modified and affirmed as modified.Action by Mrs. Gertrude Curtis Berthea, individually and as executrix of the will of Mrs. Iva Curtis Young, deceased, against John H. Young, individually and as executor of the will of George W. Young, deceased, and others. From the judgment, defendants appeal.
The provisions of the will and codicil follow:
WILL
I, George W. Young, of Clinton, S.C. being of sound and disposing mind and memory, do hereby make, ordain and declare this my last will and testament:
1. That my just debts and funeral expenses be paid, my executor to use for funeral expenses and monument to my memory not exceeding the sum of one thousand dollars.
2. I give and bequeath unto Thornwell Orphanage of Clinton, S.C. to be used exclusively as an endowment perpetually the sum of two thousand dollars.
3. I give and bequeath unto Elmore Young the sum of two thousand dollars.
4. I give and bequeath unto the children of Elihu M. Young the sum of two thousand dollars to be equally divided amongst them, the child or children of a deceased child to take the parents' share.
5. I give and devise unto my beloved wife, Iva, in lieu and bar of dower, all my real estate for the term of her natural life, with the right to dispose of by will the following: Five hundred acres in Laurens County, known as the Billy Young Farm; our home in the town of Clinton, with two acres on which it is located.
6. I give and bequeath unto my wife, Iva, all my household and kitchen furniture, and effects, plate, pictures and books.
7. I direct that my executors convert my other personal goods and chattels, such as live stock, farming tools, etc., into cash by sale of same publicly or privately, as they may deem best. My executors after payment of my debts; funeral expenses, special legacies and cost of administration of my estate, shall invest and keep invested all of my personal estate, and shall from time to time, as they deem necessary and advisable, change such investments. They shall pay over annually to my beloved wife, Iva, during her life, the income from such investments, after paying expenses, for her sole use and benefit. If my executors should at any time deem same necessary they may use the sum of not exceeding five hundred dollars annually of the principal of my personal estate for the support and comfortable care of my wife;
this not to be done, however, unless it is necessary for her personal comfort.
8. I give to my said wife, Iva, the right to dispose of by will the sum of ten thousand dollars of the principal of my personal estate invested by my executors as provided in the preceding paragraph.
9. In the event that there should remain in my personal estate after the death of my wife and after all payments hereinafter directed the sum of ten thousand dollars, or more, I then direct that my surviving executor pay to Thornwell Orphanage as a perpetual endowment the sum of five thousand dollars and to Presbyterian College of South Carolina at Clinton, S.C. as a perpetual endowment the sum of five thousand dollars. In the event there should not be as much as ten thousand dollars left of my said personal estate, then these two legacies are cancelled and shall not be paid.
10. The provisions hereinbefore made for my wife by way of bequeath or devise or otherwise shall be void and of no force and effect if she should marry again, and in the event of her marriage my executors shall proceed to settle my estate in the same manner as is provided in the event of her death.
11. All the property of whatsoever kind or nature in hand at the death or marriage of my wife and not otherwise disposed of by me, including the property I authorize my wife to dispose of by will, in the event she does not so dispose of it and in the event she should marry, I give, bequeath and devise unto my brothers and sisters, the child or children of a deceased brother or sister to take the parents' share. In the event a brother or sister at the time of my death, or at the marriage or death of my wife, should be dead, survived by no lineal descendants, its share in my estate shall go to the surviving brothers and sisters, and the children of such as shall be dead, the children of a deceased brother or sister to take the parents' share.
12. I nominate and appoint my brother, J.H. Young, as executor of this my last will and testament. In the event of his failure to qualify as such within three months after my death, and in the event of his death either before or after qualifying as such executor, and in the event of his resignation as such executor or his failure to act as such from any cause, then in either event I nominate and appoint my friend, J.C. Copeland, as such executor in his place and stead.
13. I also nominate and appoint my wife, Iva, as co-executrix, during her widowhood. In the event of death of her co-executor or his failure to qualify or serve, then the Probate Court for Laurens County shall appoint an administrator in his place and stead, who shall have all the powers herein granted unto my named executor. It is my devise that there shall at all times be someone of good business judgment to act with my wife in the administration of my estate and that she shall not act alone.
CODICIL
I, George W. Young, of Clinton, County and State aforesaid, do hereby make, publish and declare this as and for a codicil to my last will and testament by me made on the 12th day of November, A.D. 1915.
I. I hereby revoke the bequest by me made to Thornwell Orphanage in Item Two of my aforesaid will.
II. I hereby revoke Item Five of my aforesaid will and all the devises and bequests therein made unto my beloved wife, Iva, and I hereby revoke Item Eight of my said will; and I hereby revoke so much of Item Seven of my said will as directs my executors to pay five hundred dollars annually unto my wife from the principal of my personal estate; and I hereby revoke so much of Item Nine of my said will as directs my executors to pay to Thornwell Orphanage the sum of Five Thousand Dollars as a perpetual endowment fund.
III. In lieu of the provisions made for my wife, Iva Young, in my aforesaid will and by this codicil revoked, I give, bequeath and devise unto my said wife in lieu and bar of dower, our old home on Broad Street in Clinton next and adjoining the place where we now live, to be hers in fee simple; and I further devise and bequeath unto my said wife our home where we now live for the terms of her natural life.
IV. I give, bequeath and devise unto my beloved wife, Iva Young, after the bequests and devises unto her hereinabove made in this codicil, and after the payment of the devises, bequests and debts as provided in Items One, Two, Three, Four, Five and Six of my aforesaid will not by this codicil revoked, one-third of the remainder of my estate of whatever kind, to be hers absolutely and forever.
V. The provisions by me made for my wife, Iva Young, in my aforesaid will and this codicil thereto are in lieu and bar of dower.
VI. I hereby direct that my executors as named in my aforesaid will and in this codicil thereto, if they at any time during the widowhood of my aforesaid wife, deem it necessary and advisable to pay over to my said wife from the principal of my estate the sum of not exceeding twenty-five hundred dollars per year for the support and comfort of my said wife.
VII. In addition to the persons named as executors in my aforesaid will, should they fail to qualify or die before the settlement of my estate as provided in said will, I hereby name my friend, Homer D. Henry, executor next in line after my nephew, J.C. Copeland, named as my friend, J.C. Copeland, in my said will.
VIII. Except as revoked or modified by this codicil, it is my will and desire that my aforesaid will stand and be carried out as written. Source: CourtListener
