Howze v. Barber

Citations

• 29 S.C. 466
• 7 S.E. 817
• 1888 S.C. LEXIS 157

Syllabus

<p>1. A will must be construed according to the intention of the testator as disclosed by the language he has used, the will being considered as a whole.</p> <p>2. A testator gave all of his estate to his wife, in consideration whereof the wife was charged with the raising and education of the children, “such education to be the best her means will afford. If any of our children should voluntarily refuse such education, they are not to receive any advantage in property in consequence of such refusal. My wife may give to any of our children at any time, and in the form and manner she may think best, any portion of property she may think proper: Provided, those to whom she had given shall be charged the full amount in the settlement of the estate.” Held, that under this will the wife took an estate in fee simple, there being nothing in the subsequent clauses of the will to cut down the absolute interest conferred in the first clause.</p> <p>3. The terms of the proviso in the last clause do not necessarily imply a division of testator’s estate amongst his children, and only a necessary implication could out down the absolute estate given in another por- • tion of the same will.</p> <p>4. There is nothing in this will to impress any trust upon the estate in favor of anybody.</p> <p>5. The Circuit decree affirmed upon a ground other than that taken by • the Circuit Judge.</p>