Bell v. Towell

Citations

• 18 S.C. 94
• 1882 S.C. LEXIS 112

Syllabus

<p>1. A will, executed in 1857 by a testator who died in 1881, is governed by the provisions of the act of 1858 as modified in the General Statutes of 1872, and, therefore, passes after-acquired real property,'the terms of the will being sufficiently comprehensive for that purpose.</p> <p>2. In order to reach the true intention of a testator, his will should be read in the light of the circumstances surrounding him at its execution.</p> <p>3. A testator directed the residue of the estate, after payment of debts, to be kept together on the place whereon testator then lived, and as his children (who were then minors) married or became of age, the executors were empowered to give off such property as they deemed necessary; the property given to the daughters to belong to them and their bodily heirs; if any daughter died and left no issue, the said property to be returned and divided among the other children; if the wife married, the whole estate was to be sold and divided between wife and children, share and share alike; and if the wife ntéver mairied, at her death the whole estate was to be sold and equal division made among the children. Before testator’s death, the wife died, and all the children became of age and married. Held, that the power given to the executors lapsed and never went into operation.</p> <p>4. That the direction for a division among his children, at the death of his widow, required a division at testator’s death, the wife being then dead.</p> <p>5. That the limitation to the bodily heirs of his daughters was intended to attach only to the property which it was contemplated might be given by the executors to the daughters, and did not attach to the proceeds of the sale ordered in the concluding part of the will.</p> <p>6. While a will should be construed as a whole, the intention of testator cannot be declared to be the same in all its parts, unless so expressed.</p> <p>7. A sale having been directed, a partition cannot be had except by consent of