¶1The will in this case gives the executors a bare, naked authority ; they have no interest in the-land itself. Until they exercise their power, therefore, it descends to the heirs. Co. Lit. 236. a. The will does not even authprise them to bring suit for the land; they were obliged to make use of the names of the heirs. I am of opinion, therefore, that the nonsuit should be set aside.
5 S.C.L. 242
Haskell v. House
Supreme Court of South Carolina
Decided November 15, 1812
Supreme Court of South Carolina · decided 1812-11-15
Colonel William Thomson,'by his last will in 1796, duly executed, devises as follows. “ I will and devise that all the restand residue of my estate, both real and personal, be sold by my executors, and that the money arising from such sale, together with my outstanding debts, be appropriated in assistance to the provision herein before made to the payment of my debts, and the balance to be equally divided between Eugenia Thomson, William Russel Thomson, Rebecca Hart,…
Decided 1812-11-15