Bouknight v. Brown

Citations

• 16 S.C. 155
• 1881 S.C. LEXIS 144

Syllabus

<p>1. Exceptions to a judgment are not in proper form, where they only refer back to points taken in exceptions to the referee’s report.</p> <p>2. If a referee, to whom are referred all the issues, fails to report his facts found and conclusions of law separately, the proper remedy is to move that the report be remanded for correction.</p> <p>3. Under tbe first section of tbe act of 1865 (13 Stat. 345), statements in a, bill between two tenants in common are admissible in evidence against, others not parties to such bill, to show that certain former proceedings, in part destroyed during the war, made disposition of the property here in dispute.</p> <p>4. In an action brought by certain persons claiming, as devisees, under a will, which treated certain children named as illegitimate, no question was made-before the referee, or Circuit judge, as to the fact of illegitimacy, and they so found. Held, that it was too late, in this court, to raise the point that-the illegitimacy was not proven.</p> <p>5. A testator devised one-fourth of his estate to his illegitimate children, a part to a legitimate son, and the residue to three friends, in “the confident hope,” &c., that they would permit his illegitimate children to have the-use of such property, the part to S., a daughter, to be conveyed to trustees for her use during her life, and after her death, in trust for such children as she may leave alive. If this expression of a wish to his three friends made such devise void, the residue was to pass to the three friends absolutely ; and if efforts were made to impeach any part of his will, the property devised to the legitimate son was to vest absolutely in the three friends. Afterwards, there was filed, in the Court of Equity, a bill, which was lost during the war, but decretal and final orders, writ of partition,, return of commissioners (one of whom was one of the three Mends), and other papers in the cause, were preserved, and they sufficiently indicated that the action