De Leon v. De Leon

Citations

• 106 S.C. 401
• 91 S.E. 376

Syllabus

<p>1. Wills — Construction —• Vested Remainders.—Testatrix’s will provided that her estate be equally divided between her children, L. C. and I. D. M., wife of F. P. M., the share of I. D. M. being left to H. H. D. and L. C. in trust for her and her heirs forever, to be in no way liable for the debts of her present or any future husband, further' providing that should she die without issue, her portion should revert to L. C., if alive, but, if he died before her, her portion to revert to testatrix’s single sisters, “the interest to be divided between them until they all marry, then the principal to be equally divided between my sisters,” except $500 to P. P. M. and $100 to each of testatrix’s three godsons. Held, that it was testatrix’s intention that the legacies or remainders bequeathed to the single sisters should become vested immediately upon testatrix’s death, and that the words “my sisters” had reference to the single sisters, and should be construed in the sense of “my said sisters,” such construction giving force and eifect to all provisions.</p> <p>2. Wills—Construction on Appeal—Parties Entitled to Benefit.— Parties to an action to construe a will, who did not appeal from the judgment, are not entitled to any benefit from the Supreme Court’s construction of the will on appeal; they having been content to accept the shares accorded them under the will as construed by the Circuit Court.</p> <p>3. Wills — Action to Construe •— Harmless Error — Too Favorable Hecree.—Appellants, in suit to construe a will, are not entitled to modification or reversal of the decree of the Circuit Court, which was more favorable to them than the law allowed.</p>