Hughes v. Kirkpatrick

Citations

• 37 S.C. 161
• 15 S.E. 912
• 1892 S.C. LEXIS 7

Syllabus

<p>1. Appeal to Common Pleas—Trial by Jury.—Where a claim for services rendered testator is presented in a proceeding instituted in the Court of Probate for the settlement of the estate, the claimant, on appeal from an adverse decree of the Probate Court, is not entitled, as of right, in the Court of Common Pleas, to a trial by jury, which would have been the claimant’s right if she had brought action at law against the executor for the recovery of her claim. Section 60 of the Code authorizes, but does not require, the Court of Common Pleas to direct a trial by jury of any question arising on such appeal.</p> <p>2. Charge for Services—OniLD—Married Women.—Where the Court of Probate and Court of Common Pleas concur in rejecting the claim of a daughter against her deceased mother’s estate for services rendered in cooking, milking, and housekeeping, this court sustained the finding, there being no testimony to show such an express agreement as is necessary to raise a legal obligation to pay in such case; and, moreover, the mother being, at the time, a married woman.</p> <p>3. Limitation of Estates—Advancements—Phrase.—A testatrix by her will directed her executor to sell tract A, and to convert her personalty into money by sales and collections, and then directed “the proceeds of the real estate and of the personal property to be divided equally between” her eight children, declaring further: “My desire is, that all my children shall be made equal, and in making the said division, all advancements heretofore made to them in land are to be accounted for by them in accordance with the terms of the deeds of conveyance to them respectively.” In a subsequent clause she declared her intention of conveying tract B to her daughter K., and tract 0 to her daughter T., designating the line of division, but in the event of her death, without having made such conveyance, she devised tracts B and C to these daughters respectively, “as above described,” and then testatrix died withou