Public-domain · open source
OpenJurist

20 S.C. Eq. 193

Murray v. Walker

Court of Appeals of South Carolina

Decided February 15, 1846

Court of Appeals of South Carolina · decided 1846-02-15

<p>If a deed of personal property to several, “ to them and their issue, forever,” contain no limitation over, the absolute title to the property will vest in the first takers.</p> <p>Issue take as purchasers, under a deed of personal property, where the property Is limited over by a limitation which is not too remote: and the validity of the gift to the issue, in such cases, depends upon, and is to be tested by, the remoteness or sufficiency of the limitation.</p> <p>“Where a deed of personal property was to grandchildren, then alive, as also to those which might afterwards be born, with a limitation over-to the survivors, ■of the share of either that might die, “not leaving lawful issue” — the Court held, that the issue of an afterborn grandchild could not take under the deed, the limitation being too remote.</p>

Decided 1846-02-15

Johnston, Ch.

¶1delivered the opinion of the Court.

¶2This Court concurs in the decree of the Chancellor, which is hereby affirmed; and it is ordered that the appeal be dismissed.

Dunkin, Ch. and Caldwell, Ch. concurred. Harper, Ch. absent at the hearing.

¶3 Appeal dismissed.

/20/sceq/193 · .json · Public domain