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3 S.C. Eq. 168

Clark v. Mikell

Court of Chancery of South Carolina

Decided November 15, 1810

Court of Chancery of South Carolina · decided 1810-11-15

[Tried before Chancellor Besaussure, Charleston, THE only question made in this case for the consideration of the Court, is, whether, under the will of the late Mr. William Joseph Mikell, of Edisto Island, his son, John Mikell, is entitled to a fee simple in a tract of land devised to him, or whether he takes a mere life cs-fate, and that the fee descends among all the heirs of the testator, under the act of the legislature of February, 1791, abolishing the rights of…

Decided 1810-11-15

¶1°f Appeals delivered its judgment in the above case.

¶2*175.Chancellors James, Thompson, and Desaussuke, affirmed the decree of the Circuit Court: it appearing bo the Court that the intention of the deyisor was apparent, on the face .of the will, to give a fee simple estate in the land to the son.

Chancellor G ajxiabd was of opinion that the decree ■ought to be reversed.
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