Massey v. Davenport

Citations

• 23 S.C. 453
• 1885 S.C. LEXIS 122

Syllabus

<p>A will provided as follows: “I will and bequeath unto my children, herein named, after my decease and interment and the payment of all just debts, viz., M., A., E., B., and I., all my estate, real, personal, and all residue, to have, to hold, and to use for their benefit during the single life of M., A., and E., my daughters, and till my sons, B. and I., are of age. I further will and devise that as the within named sons shall become of ago and the daughters marry, their respective interests in possession shall revert to the daughters remaining unmarried, so long as the said unmarried daughters shall choose to remain on the promises. I further will and devise that at the majority or marriage of all the within children named, my property shall be sold and equally divided among all my children and their bodily heirs or living issue of those deceased, if any there be.” Held, that the word “or” in the last sentence was used in the sense of “and,” and that partition could not be demanded while A. resided on the place and remained unmarried.</p>