Earle v. Harrison

Citations

• 18 S.C. 329
• 1882 S.C. LEXIS 139

Syllabus

<p>1. A finding of fact by the Circuit judge, from written testimony submitted to him, sustained.</p> <p>2. Where a testator, by his will, left a tract of land, the residuum of his estate, to his son F., out of which F. was to pay to another son J. and to a daughter E., to each, one-third of its value, and F., having settled with X, died intestate, X is an incompetent witness, in behalf of E., to prove communications made to him by F. in relation to a claim of E. against her father’s estate, payable out of this residuum. But a son of E., who was also executor of the testator, is not incompetent. Code, § 400 [415],</p>