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17 S.C. Eq. 496

Porter v. Cheeseborough

Supreme Court of South Carolina

Decided January 15, 1844

Supreme Court of South Carolina · decided 1844-01-15

John Porter, Jr., by his will, dated 23d October, 1828, bequeathed all his estate to his wife, Esther Ann Porter-, and appointed her and his father, John Porter, and his friends, John W. Cheeseborough, Legrand G. Walker, and Anthony W. Dozier, his executors, and died in a few days afterwards, leaving his widow and five children, Charlotte Anzy, John, Eliza Cheeseborough, Hannah Esther, and Anthony Toomer, and indebted beyond the amount of his estate.

Decided 1844-01-15

Curia, per Dunkin, Ch.

¶1The Court concurs, generally, in the views taken by the Chancellor.

¶2Ic may be proper, however, to remark, that the charge on the surplus of the crops, for the payment of his son’s debts, must continue on such parts of the estate as are not delivered to the several legatees, until the period arrives for the delivery of the last share to the grand-children entitled to receive it.

¶3The Court is of opinion that the ground of appeal from the decree in the case of Brown and wife vs. Cheeseborough, viz: “that no distribution of the estate should be made until the debts are paid,” is well taken. However inconsiderable may be the indebtedness of John Porter, Sen., in comparison with his estate, the creditors have a right to insist that they shall be satisfied before any judicial distribution.

¶4So much of the decretal order as directs a writ of partition to issue, must be suspended until the hearing of the master’s report, and the further order of the court. In all other respects, the decrees of the Circuit Court are affirmed, and the appeal dismissed.

Johnson and Harper, Chancellors, concurred.Johnston, Chancellor, absent from sickness.
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