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294 S.C. 12

Slice v. Slice

Court of Appeals of South Carolina

Decided October 12, 1987

Court of Appeals of South Carolina · decided 1987-10-12

Cited by 2 later decisions — most recently July 1989

2 state decisions

Key passage — most relied on by later courts

“words which had been previously held to reflect an intent on the part of the testator to postpone vesting until the death of the life tenant. The court based its decision on the view that the word”

quoted by 1 later decision, including 94 N.C. App. 657 - Hooks v. Mayo

Relies on Roundtree v. Roundtree · Miller v. Rogers

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-12

View the full empirical analysis of this case →

Gardner, Judge:

¶1This declaratory judgment action was brought to construe the will of E. S. Slice, which, in effect, devised his estate to his wife, Leona, for life and at her death “to my living children to be equal [sic] divided between them.” At the time of his death, Slice was survived by his wife, Leona, and three daughters, Erma S. Amick, Barbara J. Slice and Carey Slice Degnan. One of the daughters, Carey Slice Degnan, predeceased Leona, leaving as her heirs and distributees her husband, Charles R. Degnan, Jr., and a son Charles R. Deg-nan, III, (the Degnans). The appealed order held that the will devised a life estate to Leona L. Slice with the remainder interest to the three daughters contingent upon their being alive at the death of the life tenant, Leona. The Degnans appeal. We affirm.

¶2The question presented by this case is which of two events, i. e., (1) the death of the testator or (2) the death of the life tenant must be looked to in order to determine who are to take under the will.

¶3This interesting question, with all of the arguments here made by the Degnans, has been previously submitted to the Supreme Court in the cases of Roundtree v. Roundtree, 26 S. C. 450, 2 S. E. 474 (1887) and Miller v. Rogers, 246 S. C. 438, 144 S. E. (2d) 485 (1965).

¶4In Roundtreethe Supreme Court held that where a devise was to the wife for life with remainder to the surviving children, the remainder was contingent and only those children who were alive at the death of the life tenant would take under the will; the reasoning of the court was that the testator’s intent to delay vesting until the death of the life *14tenant was manifested by the use of the word “surviving.” Millerheld that the words “surviving” and “living” were synonymous under the circumstances of that case.

¶5While the facts of this case are somewhat different from those presented in Miller, this court is bound, we hold, by Miller; a differentiation, if made, must be made by the Supreme Court.

¶6For the above reasons, we hold that Milleris dispositive as to this appeal; the order of the circuit court is, therefore, affirmed.

¶7Affirmed.

Sanders, C. J., and Goolsby, J., concur.
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