McFadden v. Hefley

Citations

• 28 S.C. 317
• 5 S.E. 812
• 1888 S.C. LEXIS 55

Syllabus

<p>1. Whether every devise of real estate is specific since the act of 1858 (12 Stat., 700), is an open question in this State.</p> <p>2. Where a certain sum is given by will to A to be invested by the executors in land — but not in any particular parcel of land — this provision will be regarded for some purposes as a devise of real estate under the general rule of equitable conversion, but not so as to dispense with the necessity of the executor’s assent, or to relieve it from contributing pro rata with other legacies of personalty to the payment of debts.</p> <p>3. A bequest of “all the horses, mules, cows, hogs, wagons, farming implements, household and kitchen furniture, on the plantation whereon I now reside,” is a specific legacy.</p> <p>4. A bequest of dividends on certain specified stocks, without any disposition of the stocks themselves, carries the stocks also, and is specific.</p> <p>5. After providing for certain specific legacies, testator directed his executors to dispose of his other property and collect all moneys due him, and to use the interest for certain purposes and then divide among certain of his children. Held, that these legacies were not specific.</p> <p>6. A devise of “the plantation whereon I now reside’’ is specific.</p> <p>7. In appropriating to the payment of testator's debts property disposed of by will to devisees and legatees, general legacies must abate before specific legacies, and specific legacies before specific devises.</p>