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6 S.C.L. 106

Haskell v. House

Supreme Court of South Carolina

Decided November 15, 1812

Supreme Court of South Carolina · decided 1812-11-15

COLUMBIA JVbvember Term 1812. Colonel William Thomson by his last will in 1796 duly executed devises as follows.

Decided 1812-11-15

Nott, J.

¶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 authorise 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 non-suit should be set aside.

¶2The other Judges concurred.

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