Leroy v. City Council of Charleston

Citations

• 20 S.C. 71
• 1883 S.C. LEXIS 128

Syllabus

<p>1. A lot of land was devised to remain in the hands of the executors until they should settle and assure the same to trustees to receive the rents, &c., and pay the same to the sole and separate use of E. during her life, and then to transfer the same to such children of E., or the issue of such ■deceased child as E. should leave surviving her, the issue of deceased ■children to represent their parents; and if she should have neither children, nor their issue living at her death, then to such person or persons as by the laws of this State shall be entitled to distribution of her estate. JSeld, that E. had a life-interest, and that the remainder over was contingent and not vested.</p> <p>2. The executors having accordingly conveyed this land to a trustee in trust for the uses and purposes directed by the will, the legal title was in the trustee, and after his death, in his heir-at-law.</p> <p>3. This land having been sold under proceedings to 'which E. and her children were parties, but not the living grandchildren of E., nor the heir-at-law of the trustee, held, on rule to show cause, that the purchaser was not. bound to comply.</p>