Brennan v. Winkler

Citations

• 37 S.C. 457
• 16 S.E. 190
• 1892 S.C. LEXIS 44

Syllabus

<p>1. Will—Uncertainty—Parol Testimony.—A testatrix bequeathed her estate to Q. “for the benefit of W. during her natural life; and after her death would like the money used for the education of young men for the priesthood, or to educate individual orphan boys or orphan girls.” In action involving the construction of this will, held, that parol testimony was inadmissible to remove the uncertainty in the meaning of this remainder, for oven if shown that testatrix was a Roman Catholic, and had been reared under the protection and teachings of that Church, and, therefore, intended to include only the priesthood and orphans of that Church, it would not have affected the result reached.</p> <p>2. Ibid.—Ibid.—Charitable Trusts.—This remainder, though a charitable trust, is void for uncertainty, as the court could not carry it into effect, it being absolutely unlimited by country or latitude. The estate must, therefore, be disposed of as if this remainder had been absent from the will.</p>