Moody v. Tedder

Citations

• 16 S.C. 557
• 1882 S.C. LEXIS 30

Syllabus

<p>1. Testator by his will devised and bequeathed to his wife “ during the term of her natural life only, all my property both real and persona], authorizing and empowering her to use and dispose of so much thereof as may be necessary for her comfortable support and maintenance in such style and manner as she may see fit and proper;” and after her death, he gave “ whatever portion may be remaining of my said property to J., her heirs and assigns forever.” Held, that the widow, as life-tenant, having an absolute power of disposal, could not be held accountable as trustee to the remainderman, for three slaves sold to pay the debts of the widow, to run the plantation and to support herself and agent.</p> <p>2. The widow, in consideration that T., the husband of J., assumed the payment of her debts and covenanted to support and maintain her through life, conveyed to T. all her interest and life-estate in this property, and he it was who sold the slaves for the purposes mentioned. Held, that the deed carried to T. not only the life-estate, but also the power of disposal, and must be referred to her power whether it purported to be an execution or not; and T. was not accountable to the remaindermen, children of J., after the widow’s death, for the purchase-money of the slaves so sold.</p> <p>3. The deed, accompanied by the widow’s acquiescence for fourteen years, could, at least, be construed as a power of attorney, authorizing T. to make the sale.</p> <p>4. But, under this will, the remaindermen had no right to the slaves so sold, as neither they nor the purchase-money were property of the widow remaining at the time of her death. 1. Because they were sold for purposes within the scope of the power and their price so expended; and, 2. Be-' eause the slaves were emancipated before the widow’s death.</p> <p>Simpson, C. J., concurred only upon tbe last ground stated.</p>