Key v. Weathersbee

Citations

• 43 S.C. 414
• 21 S.E. 324
• 1895 S.C. LEXIS 181

Syllabus

<p>1. Will — Witness—Interest.—Where a witness to a will would have taken nothing as an heir at law, but his wife would have taken a portion of less value than the testamentary gift to her husband, is the gift to the husband wholly defeated, or only to the extent of its excess over his wife’s portion as a distributee, in case there had been intestacy?</p> <p>2. Void G-iet eor Lies — Accelerated Remainders. — Where a devise to one for life is made void by statute because this devisee attested the will as a subscribing witness, the remainders, declared after the termination of the life estate, are accelerated and vest at once. The failure of the gift for life ever to have' taken effect did not destroy the remainders.</p> <p>3. Limitation oe Estates — Beneficial Interest.. — Where a tract of land was devised to A and his wife for life and the life of the survivor, with remainder to B, all the rents and profits to go to B, 0, and D, until the death of A and his wife, and then by a codicil it was given in remainder to C instead of B, it was properly held that A and his wife had no beneficial interest in this land.</p>