Clark v. Clark

Citations

• 19 S.C. 345
• 1883 S.C. LEXIS 88

Syllabus

<p>1. There was a devise “to my brother C., for and during his natural life, and on his death to his children, and then to their children living at his death, share and share alike.” When the will was drawn, C. had two children, but one of them, 8., died before testator, leaving issue; C. died after testator, his other child surviving him. Held, that at C.’s death, one-half of the property passed to the children of S.</p> <p>2. This property having been sold under a decree in partition proceedings, to which the children of 8. were not parties, the bidder was not bound to comply with his bid.</p> <p>3. Tn the construction of a will, the main object should be to ascertain the testator’s intention, which must be gathered from the will itself, assisted by the light of the circumstances surrounding the testator when the will was made.</p> <p>4. The doctrine of lapse has no application to this devise.</p> <p>5. Words supplied in a will, they being absolutely necessary to make the context sensible.</p>