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25 S.C. Eq. 266

Chisolm v. Chisolm

Court of Appeals of South Carolina

Decided January 15, 1852

Court of Appeals of South Carolina · decided 1852-01-15

Before Wardlaw, Ch., at Charleston, February, 1851. Wardlaw, Ch. Alexander Robert Chisolm, by his will, dated May 29, 1827, devised a plantation and negroes to his son, Alexander R. Chisolm, for life, and, upon his death, should he die leaving issue at the time of Ms death, to such issue as should attain the age of twenty-one years, or at the day of marriage, equally and absolutely, with survivorship among them; and should his son die leaving issue, as aforesaid, and also a…

Decided 1852-01-15

Per Quriam.

¶1We concur in the decree. It is a mistake to suppose that the allowance made for maintenance is permanent or unalterable. Upon a proper showing," in a proper proceeding, it may be altered with the varying circumstances of the estate. It is subject therefore to the future control of the Court. It is ordered that the decree be affirmed, and the appeal dismissed.

JOHNSTON, DuNKiN, DAR&AN and WaRDLAW, CC., concurring.

¶2Appeal dismissed.

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