Bank of Florence v. Gregg

Citations

• 46 S.C. 169
• 24 S.E. 64
• 1896 S.C. LEXIS 39

Syllabus

<p>1. Will. — The words of a testator may be read in the light of the surrounding circumstances, and especially so when the words used are doubtful or ambiguous.</p> <p>2. Ibid. — The sixth clause of the will of G. reads: “I devise and bequeath to my son, Reese C. Gregg, all the residue of my estate, both real and personal, and to his care the protection and support of my daughter, Catherine W. Gregg, during her natural life.” The testator provides, in other parts of the will, for all the other members of his family. His daughter Catherine is, and was, a single female, of delicate health, living with her father at the time the will was executed, and dependent on him. The residue was much the larger part of the estate. Ideld, that the testator intended to make the support of Catherine during her natural life a charge upon such remainder.</p> <p>3. Ibid. — Lien.—Reese C. Gregg takes the lands passing under said devise practically subject to a mortgage to Catherine to secure her support, and she may enforce the same against any portion of said lands, leaving the owner of such tract to enforce his equities for contribution against the holders of other portions thereof.</p>