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35 S.C. Eq. 146

Shaffer v. McDuffie

Court of Appeals of South Carolina · decided 1868-05-15

BEFORE CARROLL, OH., AT MARION, FEBRUARY, 1867. On the intermarriage of George M. Eairlee with Margaret G. Shaffer,'the parties executed a settlement of the intended wife’s estate — she being the party of the first part, and he the party of the second part.

Decided 1868-05-15

¶1The opinion of the Court was delivered by

Wardlaw, A. J.

¶2The Chancellor’s decree is fully sustained by Glover vs. Adams, 11 Rich. Eq. 267, and other cases therein cited. The marriage settlement must be construed now as it would have been immediately after its execution. The inconsistency does not exist which the appellant has attributed to the result of the husband’s taking both the enjoyment for his life, and a vested transmissible interest. Those who urge a departure from the natural meaning of “ heirs,” must show sufficient reason to authorize the Court in making the departure, and the intention inferred from the supposed inconsistency cannot avail to give to the same words a meaning in the case, which has happened, of the husband’s survivorship, different from what they would have had if the wife had survived.

¶3The decree is affirmed.

Dunkin, G. J., and Inglis, A. J., concurred.

¶4Motion dismissed.

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