Bowen v. Humphreys

Citations

• 24 S.C. 452
• 1886 S.C. LEXIS 61

Syllabus

<p>1. Where land is devised to trustees to divide the same equally and deliver possession to four children of testator, the trust is not executed until these duties are performed; and even after division, until delivery of possession is actually made. The trustees alone, therefore, are the proper plaintiffs in an action to recover a part of the land so devised.</p> <p>2. A receipt is always open to explanation, and the acknowledgment in writing made by one of these children that she had received from the trustees the possession of a lot of land, did not prevent the contrary from being shown.</p>