¶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.
¶3 Appeal dismissed.
20 S.C. Eq. 193
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