50 S.C. 206 | S.C. | 1897
The opinion of the Court was delivered by
This cause was submitted to Judge Witherspoon under section 374 of the Code of Procedure, and involved the validity of a proposed deed in fee simple from the plaintiff to the defendant for a tract of land containing 190 acres, and situate in Chester County, in this
The cause came on to be heard before his Honor, Judge Witherspoon, by whose decree it was held that the plaintiff had acquired the fee simple title to said lands. This decree will be reported and also the defendant’s exceptions, as well as the additional ground for affirmance of such decree by the respondents.
It is needless to attempt the discussion of the grounds of appeal seriatim; their object will be entirely subserved, we think, by the method we shall adopt in disposing of them. The Circuit Judge was correct in pronouncing the estate created in the children of Llihu Lynn, after the falling in of the life estate, carved out by such testator for his widow, Maria Lynn, who has since intermarried with one Millen, to be contingent remainders; the authorities he cites support this proposition. But we think this conclusion of the Circuit Judge must be limited to that disposition by testator in his will in which he contemplated the widow and all his children being able to live together upon his lands. The will when closely examined will, we think, show that the testator contemplated a second state or condition of his estate, and an entirely different result if that latter condition should prevail. In effect, he provides in his will: First. His widow and children shall all continue to live upon his plantation, using the property therewith connected, and that his wife should have a life estate in his lands, and the fee thereafter should vest in his children who should be alive at the death of his widow. Second. That if it should so happen that his children could not stay upon the place, that in that event, after the life estate of his widow, Maria, should
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.