Welborn v. Holder

141 S.E. 448 | S.C. | 1928

Lead Opinion

January 25, 1928. The opinion of the Court was delivered by For the reasons assigned by his Honor, Judge Mauldin, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

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Concurrence Opinion

We concur in the result. We do not think that the rule in Shelley's Case has any application, for the reason that no life estate is conveyed to G.W. Bowen, and no remainder in his heirs is created. The trust is a passive trust, and the statute executes the use in G.W. Bowen in fee.