Bredenburg v. Bardin

Citations

• 36 S.C. 197
• 15 S.E. 372
• 1892 S.C. LEXIS 90

Syllabus

<p>1. Presumptions. — A church corporation having made a deed of conveyance to a lot of land which they were empowered to sell “with the consent and advice of their session,” the deed, after a lapse of twenty-five years, will be presumed to have been made with such consent, the absence of such consent not being shown, and the session of the church not having objected.</p> <p>2. Retrospective Statute — Surviving Executor. — -The statute that authorized a surviving executor to execute a power of sale given by will to executors, being remedial in character, and also by force of its terms, applies to wills executed and probated before the statute was passed.</p> <p>3. Power in Trust — Survivor.—Where lands are devised to two executors, with a power to sell and divide proceeds between one of the executors and another person, it is a power in trust, which, independently of the act of 1876, survived and could he validly executed by the surviving executor.</p>