Bannister v. Bull

Citations

• 16 S.C. 220
• 1881 S.C. LEXIS 150

Syllabus

<p>1. Tbe intention of testator, to be gathered from the paper itself, is the first and great object of inquiry in the construction of a will.</p> <p>2. Where testator directed the balance of his estate, both real and personal, to be equally divided among his ten children, viz., “ to my son, C., one equal part,” and so on, naming eight in the same terms, and “to my daughter, J., one equal part during her natural life; after her death, to be equally divided among her children;” and the tenth share, in the same terms, to another daughter; the daughter J. took only a life-estate in the one-tenth part of this residuum, with a vested remainder to her children.</p> <p>3. The words “balance of my estate,” referred to what still remained of his own property, and the words “ equally divided,” referred to the size' or quantity of his estate, and not to the manner, terms or conditions upon which the share was to be held.</p> <p>4. In the devise to J., the word “ children ” means immediate offspring, and is a word of purchase. The rule in Shelley’s Case, therefore, does not apply.</p> <p>5. A purchaser from. J., of lands acquired under this devise, could not hold adversely to the remaindermen until the life-estate terminated.</p> <p>6. The fact that such purchaser held a bond of indemnity from the remaindermen’s deceased father, whose estate in part had been received by them, does not estop them from recovering this land.</p> <p>7. Two tenants-in-common may bring action against a stranger in possession of their land to recover their shares, without making the other co-tenants, holding a third share in the land, parties to the action. But the verdict should be for only the aliquot parts of the plaintiffs, even though the other tenants are before the court as defendants; and if the verdict is for the whole land, a new trial must be granted, as the court has no power to change such a verdict.</p> <p>8. Where an interest in remainder in land vested in a married woman before the ado