Henderson v. Kinard

Citations

• 29 S.C. 15
• 6 S.E. 853
• 1888 S.C. LEXIS 93

Syllabus

<p>1. It seems that personal property may be limited over in the event of the first taker dying without children ; and that an alienation of trust property by a trustee, other than to a bona fide purchaser without notice, is invalid.</p> <p>2. The executors were directed by the will to sell all the estate and to divide the proceeds equally amongst testator’s children ; but if any of said children died without issue then surviving, the share of such deceased child was to be equally divided among the surviving children or their issue. Held, that the children of testator were entitled to the possession of the corpus bequeathed to them notwithstanding the possible defeasance.</p>