Brown v. McCall

Citations

• 44 S.C. 503
• 22 S.E. 823
• 1895 S.C. LEXIS 114

Syllabus

<p>1. Trustee — Remainders—Estates in Pee. — Where the Court of Equity settles upon the widow (who has remarried) all of her share in the estate of her first husband, and directs the master of the court to execute a conveyance of it to A in trust for herself and her present husband for life, and then to the use of her children, and the master sells and conveys all of the personal property allotted to her in partition, and “all other interest which she may have in the estate of, her intestate,” to A, “his executors, administrators, and assigns,” upon the trusts prescribed by the court, and after-wards the master conveys a tract of land, part of the same estate, to A, “his heirs and assigns, forever,” to be held upon the same “uses, trusts, and limitations as are mentioned” in the former deed, the estate of the remaindermen in this land, after the termination of the life estates, were estates in fee simple.</p> <p>2. Deeds — Intention.—The intention of deeds, as disclosed by their language, in the light of the surrounding circumstances, is entitled to great weight in determining their construction.</p> <p>3. Remainders — -Class—Transmission.—A tract of land was settled by the Court of Equity upon a married woman, by directing conveyance of this laud to a trustee, to hold in trust for her for life, and then for her present husband for life, “and after the death of the survivor, one-half to the use of her children by her first husband, the issue of a deceased child taking by representation the parent’s share, and the other half to her issue by her present [second] husband, the issue of a deceased child taking by representation the parent’s share” — and such deed was accordingly executed and delivered. Held, that the half given in remainder to the children by the first husband, vested in them at the date of the execution of the deed, and were transmissible, for the reason that, their father being dead, they were an ascertained class (as much so as if mentioned by names),