Craig v. Beatty

Citations

• 11 S.C. 375
• 1879 S.C. LEXIS 13

Syllabus

<p>1. Testatrix died in I860,' and directed her executors to place a sum of money in the hands of W. W. and W. H. M., “who are earnestly requested and directed to place said sum of money at interest, and to expend said interest as it annually accrues, in providing clothing” and other articles for the comfort of certain negro slaves; and if the executors or said W. W. and W. H. M. are prevented “ by any legal action and determination from carrying out” these “provisions and injunctions,” or at the death of said negroes, then said sum of money to others (white persons.) Held, that testatrix intended to create a trust for the benefit of slaves, and the bequest was therefore void under Section 4, of act of 1841, 11 Stat. 154.</p> <p>2. A failure for four years after probate of a will in common form to dispute the validity of its provisions cannot be construed into acquiescence in such provisions, nor does it bar the right to have the above-recited directions declared null and void.</p> <p>3. When a testatrix in her will intended a trust, which could not take effect, the property so intended will pass either to the residuary legatees, or to the distributees under the statute, according to the terms of the will.</p>