Volume 29 — South Carolina Equity Reports

<p>Conveyance of land and negro to trustee in tsusfc for the sole use of feme covert for life, and after her death to the use of the heirs of her body: — Held, that upon her death the heirs of her body took as purchasers.</p> <p>Where the estate of the ancestor and that limited to the heirs are not of the same quality, that is, where one is equitable and the other legal, the rule in Shelley’s case does not apply.</p>

<p>Testator bequeathed property real and personal to M. R., a single woman, “ to her, and her heirs forever,” and directed that the property be turned into money, that the money be put out at interest, and the interest paid annually to her; and he appointed J. C. “ trustee and executor with full powers to carry this will into effect;” and should J. 0. die, “then it is my will that the ordinary for the time being for Abbeville, appoint a trustee to the said M. R., and successor to the said J. C</p> <p>Held, that the property, before sale, and the proceeds after sale, belonged absolutely to M. R., and that she had power to oontrol and dispose of it as she pleased, J. C. sold the property and paid the annual interest to M. R. until his death. After his death his executor, with the concurrence of M, R., petitioned D. It., ordinary of Abbeville, to take charge of the money and manage it “ as trustee or as an estate derelict.” The money was accordingly transferred to D.L., who paid the annual interest to M. R., until 1850, when he transferred the fund to 3?. S., his successor in office. 3?. S., paid the annual interest to M. R., for three years, and then died, insolvent:—</p> <p>On bill filed, 13th March, 1855, by M. B., against the executor of D. 1., held, that she could not recover, — she was barred by the statute of limitations, and by accepting the annual interest from 3?. S. had ratified the transfer to him.</p>

BEFORE JOHNSTON, OH., AT MARION, FEBRUARY, 1855. A sufficient statement of the case will be found in the Circuit decree, which is as follows:— Johnston, Ch. The hill in this ease sets forth, that the defendants have violently, and without the plaintiff’s consent, entered upon his land adjacent to the line of their Road, cut down his timber, and dug up and subverted his soil, to his permanent and irreparable injury.

BEFORE JOHNSTON, OH., AT ABBEYILLE, JUNE, 1855. The decree of his Honor, the Circuit Chancellor, is as follows: Johnston, Oh.

BEFOK.E JOHNSTON, OH., AT ABBEYILLE, JUNE, 1855. Held: that subsequently acquired personal property will pass under a will. I apprehend, if Mrs. Gillam had died intestate, her representatives would clearly have been entitled to her choses in action of every description. As agent of Mrs. Gillam, he cannot avail himself of the protection of the statute until a demand and settlement.

BEFORE JOHNSTON,„OH, AT ABBEVILLE, JUNE, 1855. This bill was filed to sell the land of which Mrs. Isabella Mathis died seized and possessed. The said Mrs. Mathis left a paper purporting to be a will, which was refused probate by the Ordinary of Abbeville District, because James Carson, who was named as the executor, was also one of the subscribing witnesses to the said paper.

<p>Commissioners in partition assessed the value of three several parcels of land, assigned one parcel to the widow, at the assessed value, as her share, and recommended that the other parcels he sold for distribution among the children. The return was confirmed, and the two parcels brought at the sale nearly twice the amount they were assessed at by the Commissioners: Held, that the widow was not entitled to come in and share with the children the amount which the land brought over the assessed value.</p>

AT EDGEFIELD, JUNE, 1855. Henry E. Ereeman of the district of Edgefield, on the 8tb June, 1851, executed a paper purporting to be bis last will and testament, of which the defendant, Joseph H. Jennings, and Startling S. Ereeman, were nominated the executors.

BEFORE DUN KIN, OH., AT CHARLESTON, JUNE, 1855. The bill of Frederick A. Ford, escheator of the district of Charleston, at the relation of James Ferguson of St. Johns Berkley, Planter, stated, That George Broad, late of St.Johns Berkley, according to his own account a foreigner by birth, by his last will and testament bearing date the 5th April, 1836, duly executed to pass real estate, did devise and bequeath in manner following — that is to say : “The State oe South…

BEFORE DUNKIN, OH., CHARLESTON, JUNE, 1855. Held: and we approve his decision. It is ordered that the decree be affirmed, and the appeal dismissed.” In the meantime Alvin N. Miller, who had intermarried with Sarah Jane, the widow of C. L. McNish, and the said Sarah Jane, his wife, before the expiration of ten years from the death of C. L. McNish, instituted proceedings in the Court…

BEFORE BUNKIN', OH., AT BEAUFOBT, FEBRUARY, 1855. DUNKIN, Oh. A brief of the pleadings is indispensable to a proper understanding of this case — an outline is to this effect: The wife of the defendant, T. E. Searson, is the daughter of Stephen W. Blount, of the State of Georgia.

BEFOBE DUNKIN, OH., AT COLLETON, FEBRUARY, 1855, Dunein, Ch. Isaac Perry of St. Paul’s Parish, died in 1818.

BEFORE DARGAN, OH., AT CHARLESTON, JUNE, 1854. Dargjan, Oh. Held: that the distributees may proceed in this Court without an administration. Walker, Adm’r, vs. May, Bail. Eq. 66. The plakitiff’s intestate might, therefore, have sued for his share of those estates at any time before his death. There was no disability.

<p>Bill by a creditor to subject land to his demand, sustained. The debtor had purchased the land and fraudulently procured the conveyance to be made to his children.</p> <p>Where plaintiff to avoid the bar of the statute of limitations avers ignorance of the fraud until within four years, the onus of showing notice is on the defendant.</p> <p>No more is required in this averment, than that it should be sufficiently explicit to enable the defendant to meet the issue tendered.</p> <p>Notice of a deed of conveyance of land is presumed from the time it is registered. But proof that the party had notice of the deed, does not, ordinarily, show that he had notice of the fraud.</p>

BEFORE DUNKIN, OH., AT CHARLESTON, JUNE, 1855. The decree of Chancellor Dunkin, in July, 1851, in Lawton vs. Hunt, sets forth the history of that case, and the facts upon which this petition is founded. The decree is as follows : Dunkin, Ch. — The previous history of this case will be found in 4 Strob. Eq. 1. It was not a hill preferred by the creditors of the testator for the purpose of marshalling the assets of the estate. No ground existed for such proceeding.

<p>Costs are allowed to a defendant upon a petition, which is litigated, as in other causes.</p>

BEFORE DUNKIN, CH., AT CHARLESTON, JUNE, 1855. Held: formed themselves into a Society for establishing a fund for their relief, and bound themselves together in the following manner, viz: “We, the subscribers, desirous of carrying this good purpose into effect, and testifying our regard to those who have faithfully labored amongst usin the Gospel, do hereby solemnly associate and bind…

BEFORE DARGAN, OH., AT SUMTER, JANUARY, 1856. Dargan, Ch. On the 25th of October, A. D. 1858, the plaintiff and Warren A. Muldrow entered into a contract, under seal, by which the former, for the consideration of six dollars per acre, agreed to convey to the latter, in fee simple, a certain tract of land therein described. The particulars of the agreement (for the purposes of this case) need not be further noticed.

<p>Upon a petition to open a settlement and surcharge the account, it is proper to open it so as to correct errors on both sides.</p> <p>Where the amount duo by a deceased guardian to his ward, is paid over by the administrator of the guardian to the ward, commissions for paying it over are not allowed.</p>

BEFORE JOHNSTON, OH., AT ORANGEBURG, FEBRUARY, 1856. Johnston, Ch. The plaintiff brings this bill to secure his expectant interests in slaves bequeathed by his father James Carson, to his (plaintiff’s) brother, Patrick Carson, which are alleged to be endangered by circumstances stated in the bill.

BEFORE DARGAN, OH., AT SUMTER, JANUARY, 1856. Dargan, Oh. Henry Britton, died 20th July, 1842. He owned about sixteen slaves and a valuable tract of land, known as the Bradford Springs tract. He left a will duly executed, by whieh he appointed three executors, namely — Leonard White, Jos.

<p>Contracts of ono of unsound mind, made before tbe appointment of a committee, held valid where no undue advantage was taken oí him.</p>

BEFORE JOHNSTON, OH., AT CHARLESTON, JUNE, 1846. Johnston, Ch. The will of Henry Taylor was admitted to probate, upon proof in solemn form, by the Ordinary of Beaufort District.