Dye v. Beaver Creek Church

Citations

• 48 S.C. 444
• 26 S.E. 717
• 1897 S.C. LEXIS 114

Syllabus

<p>1. Winn — ChariTabbE Uses. — A testator devised all bis property to liis wife, “for her to dispose and live on during her life, and if there is anything at her deceast after left after her deceast and burial, I give and bequeath to the Beaver Creek Church for poor children, for their tuition. ’ ’ Held, the devise was not void for uncertainty in the subject-matter, nor as to the amount.</p> <p>2. Ibid. — Ibid.—Unincorporated Society. — An unincorporated society may take and hold a devise of real estate for charitable purposes; the individuals composing it taking as natural persons.</p> <p>3. Ibid. — Ibid.—Church.—A devise for tuition of poor children is germane to the purposes for which a Baptist church is formed.</p> <p>4. Ibid. — Ibid.—Unincorporated Society. — -A devise to an unincorporated society, “for poor children, for their tuition,” is not so vague, indefinite, and uncertain, as to the objects and beneficiaries of the use, that it is void. Rules for construing devises to charitable uses stated.</p> <p>5. Brennen v. Winkler, 37 S. C., 457, distinguished from this.</p>