31 S.C. 606 | S.C. | 1889
Opinion by
*607 li Seventh. I devise and bequeath unto my nephew, Charles A. Quattlebaum, all that tract of land, a part of which is known as the Henry Raiford place, containing one hundred acres, more or less, to have and to hold the same for and during the term of his natural life, with remainder in fee to his issue him surviving, in such shares as they would take therein respectively under the statute of this State for the distribution of intestate e.-tates, and said tract of land was distributed thereunder.
'■'•JEighth. I devise and bequeath unto my two brothers, Abram Jones and Lewis Jones, all the balance of my real estate, situate near Ridge Spring, purchased by me at the sale of the real estate of the late Major Tilman Watson, dec’d, made by order of the court, not hereinbefore disposed of, being on the south side of the C., C. & A. R. R., and containing five hundred and fifty-five (555) acres, more or less, to be equally divided between them.”
Held, that Quattlebaum took all of tract No. 7, containing 303 acres, and that the two brothers took between them only what remained of her lands on the south side of the railroad, to wit, 352 acres.
Held further, that parol testimony was admissible to show to what tract of land the words used in item 7 were applicable, but not to add to or strike out any words in this devise, or to show an inrention on testatrix’s part not expressed in her will. Judgment of the Circuit Court (Fraser, J.,) affirmed.