Clarke v. Clarke

Citations

• 46 S.C. 230
• 24 S.E. 202
• 1896 S.C. LEXIS 60

Syllabus

<p>1. Evidence — Wild.—Testimony as to the intention of a testator, separate and apart from that conveyed by the language used in the will, is not competent in seeking the intention of the testator.</p> <p>2. Will — Conversion.—When the testator uses such words as convey the idea that the whole estate, both real and personal, shall be commingled and distributed as personal property, and in such connection uses such words as “invest” and “pay over,” the will will be construed to authorize the executor to convert the realty into personalty, although no direct authority to sell and convey real estate is given.</p> <p>3. Ibid. — Construction—“Devise.”—The term “devise” in a will usually passes realty in kind, and where that term is used without words negativing the idea, it will pass the realty as such to the beneficiary; but where there are other words in the will indicating adifferent intention, this technical word will not be permitted to control.</p> <p>4. Ibid. — Ibid.—This will construed to work an equitable conversion of realty into personalty.</p>