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47 S.C.L. 254

Greer v. McBeth

Court of Appeals of South Carolina

Decided December 15, 1861

Court of Appeals of South Carolina · decided 1861-12-15

BEFOBE -OABBOLL, OH., AT UNION, JUNE, 1861. The bill in tbis case was filed by tbe plaintiffs, wbo are tbe children of Jason Greer by a former marriage, against Robert McBeth, bis executor, and his widow, Nancy Greer. Tbe testator, by bis will, devised as follows: “ Third.

Decided 1861-12-15

¶1The opinion of the Court was delivered by

O’Neall, C. J.

¶2The right of the testator to dispose of his estate, in such way as he might think best, cannot be questioned. He thought proper to give to his wife and the children living with her the use of his real estate tmtil his youngest child arrived at the age of seventeen years. This gift could only be defeated by a sale by his executor or administrator, who was in his discretion authorized to sell before that time arrived.

¶3The executor has not thought it prudent or necessary to sell. It is now attempted to force a sale against his will, and against the wish of the widow, at the instance of the children of the first marriage, who have abandoned the home left for them by their father on the ground that their stepmother is an improper associate for them.

¶4She is now as she was in the father’s lifetime. She has exhibited no new vices; she has not pursued a course in which she had indulged before marriage. She has reformed, and is now the member of a Christian church.

¶5I do not perceive any ground' on which the Court can interfere with the real estate devised to her and the children.

¶6‘It is therefore ordered and decreed that the Circuit decree be reversed.

Johnstone, J., concurred.

¶7Decree reversed.

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