Green v. Green

Citations

• 50 S.C. 514
• 27 S.E. 952
• 1897 S.C. LEXIS 46

Syllabus

<p>1. Supreme Court — Demurrer to a complaint that it does not state facts sufficient to constitute a cause of action cannot be interposed for first time in Supreme Court.</p> <p>2. Cause of Action. — Reeief.—The foundation of plaintiffs’ claim and that of defendants to the relief sought is not one and the same, and defendants cannot set theirs up in this case.</p> <p>3. Trusts. — Remaindermen.—Plaintiffs here only seek to have the fund impressed with a trust in favor of remaindermen.</p> <p>4. Accounting — Wiees—Remaindermen.—Under this proceeding, it is not proper to require the heir of the remainderman to account for amounts received by him under another clause of the will in excess of what his share of the property in question would amount to.</p> <p>5. Insurance — Life Tenant — Remaindermen—Trusts.—Insurance money collected by a life tenant on a total loss by fire should be used in rebuilding, or should go to the remaindermen, reserving the interest for life of life tenant for him. Affirming Clyburn v. Reynolds, 31 S. C„ 118.</p> <p>6. Limitation of Estates — Conversion—Insurance.—The proceeds of an insurance policy on entailed real estate is not personal property, but is impressed with same limitations as original property.</p> <p>7. Reference — PRACTICE.—A Circuit'Judge may refer a case in chancery to the master to take the testimony on the issues raised by the pleadings, with instructions to report his findings of fact, against objections of one party.</p> <p>8. Accounting — Life Tenant — Insurance.—Where life tenant insures property for a number of years, and it is at last burned, he is only entitled to be reimbursed the premium paid for the policy in force at time building was burned.</p>