Andrews v. Loeb

Citations

• 22 S.C. 274
• 1885 S.C. LEXIS 17

Syllabus

<p>1. In 1826 a lot of land was devised to L., the wife, for life, and upon her decease to bo sold and the proceeds divided between A. and S., the children, their heirs and assigns, but in the event of either A. or S. dying, leaving no issue living at the time of L.’s death, the whole of said property was to go to the survivor, his or her heirs or assigns for ever; and executors were appointed. It was also declared that the “estate bequeathed to S. is for her and the heirs of her body, to them and their assigns for ever.” A. conveyed his interest to S., and afterwards L. died and also A., unmarried. Held, that S. had a good title in fee simple to this land.</p> <p>2. What S. took under this will was personalty, and words which, as to land, would create a fee-conditional, create an absolute estate in personalty.</p> <p>3. There being no disposition by will of the fee, it descended to testator’s heirs at law, who were his widow and those, their children. S. was therefore now the sole heir, and the words “heirs of her body” in this will have no relation to the fee thus descended, but only to her interest in the proceeds of the sale.</p>