Witsell v. Mitchell

Decided March 15, 1832

Court of Appeals of South Carolina · decided 1832-03-15

<p>Testator devised land to his son A. and “ if age, or should die without leaving lawful issue of over. Held, that or must be construed and, and that- on A’s attaining twenty-one years of age, he acquired an absolute estate, and not merely a fee conditional in the land.</p>

Decided 1832-03-15

¶1 Curia, per

O’Neall, J.

¶2The case of Scanlan vs. Porter, 1 Bail. 427, is decisive of this case. In that case, as well as this, the disjunctive conjunction “ or,” was used in the clause of the will. The same reasons exist in this case, as in that; why it should be construed “ and.” Giving to the clause of the will, in this case, that construction, ends the right of the plaintiffs to recover.

¶3The motion to reverse the decision of the Judge below, on the special verdict, is therefore dismissed.

Johnson, J, concurred.