Witsell v. Linder

Decided February 15, 1812

Court of Chancery of South Carolina · decided 1812-02-15

[Tried before Chancellor Waties, Charleston, T. CROLL died intestate, leaving a real and personal estate, without leaving alive father or mother, brother or sister, wife or childi The complainants were his next of kin in the fifth degree in the maternal line ; ■and the defendants were related to him in the Sixth de-s;ree. The only question for the determination of the ... Court was, whether any and which of these parties were entitled to the estate under the statute of Feb,

Decided 1812-02-15

¶1Chancellor WatIés delivered the following decree :

¶2It appears fully from the evidence produced in this case that the complainants are the next of kin to the intestate, Thomas Croll, in the fifth degree in the maternal line, and that the defendants stand related to him only in the sixth degree. I am therefore of opinion that the complainants are exclusively entitled to the estat© of the said intestate, and do decree accordingly. It is further decreed that the testimony given in this case be perpetuated. The costs to he paid out of the estate of the intestate.

¶3There was no appeal from this decree..