Mathis v. Guffin

Decided June 15, 1855

Court of Appeals of South Carolina · decided 1855-06-15

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.

Decided 1855-06-15

¶1The opinion of the Court was delivered by

Dun kin, Ch.

¶2The case of Wilkins and Wife vs. Taylor, decided by this Court at Charleston, Spring Sittings, 1847, (a)is entirely conclusive upon the point submitted by the second ground of appeal.

¶3It is ordered and decreed that the decree of the Circuit Court be reformed, and that the children of Mary Hill, deceased, be admitted to a share in the proceeds of the real estate of Isabella Mathis, deceased, according to the provisions of the Act of Assembly for the distribution of intestates’ estates.

Daug-an, Ch., concurred.JohNSTon, Ch. I concur in the result.

¶4Decree reformed.

¶5 See Appendix.