Ayer v. Ritter

Citations

• 29 S.C. 135
• 7 S.E. 53
• 1888 S.C. LEXIS 119

Syllabus

<p>A testator devised and bequeathed a plantation and certain personalty to his executors in trust to apply the income to the support of his son Z and his family during his life, not subject to his debts, and after his death in trust to convey and deliver this plantation and a portion of the personalty to W. II., son of Z., to be the absolute property of W. II., and to divide, convey, and deliver the remainder of the personalty in equal shares to the other children of Z. In action by W. II., after the death of Z., to recover this plantation from a party in. possession, held, that the use was not executed in W. II., under the statute, as there were duties for the executors as trustees to perform, and therefore without a deed from the executors W. H. did not have the legal title and could not recover.</p>