51 S.C. 489 | S.C. | 1898
The opinion of the Court was delivered by
The facts underlying the appeal, and necessary to be borne in mind in passing upon the questions raised here, are about as follows: Julia Parrott, wife of Alonzo W. Parrott, being possessed of 373 acres of land and some personal property, by her will devised a tract of 100 acres, whereon was her family residence, valued at $700 or $800, to her husband, Alonzo W. Parrott, in fee simple; the balance, 273 acres, she devised in equal shares to Louise Parrott, an adopted daughter, and her two nieces, Carrie May Parrott and Ellen Ruth Parrott; but upon the 273 acres so devised to the said Louise, May, and Ellen Parrott, the testatrix had executed two mortgages; so the testatrix further provides in her will that her executors should have full power and authority to lease all her lands, ¿nd thereby raise a sufficient amount of money to satisfy the two mortgages. All of her personal property was bequeathed to her husband, Alonzo W. Parrott. After the death of the testatrix, which occurred in 1893 (October), and when Mrs. Par-
The sixth and seventh exceptions are covered by the observations already made. It follows that there must be a reversal of the judgment, and a new trial.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and that the action be remitted to the Circuit Court for a new trial.