Nicholson v. Drennan

Citations

• 35 S.C. 333
• 14 S.E. 719
• 1892 S.C. LEXIS 170

Syllabus

<p>1. Service op Amended Pleading — Waiver.—It is the right of a defendant to have a copy of an amended complaint served upon him, but he may waive this right, and does waive it when he tells the plaintiff’s attorney that he does not wish to have a copy.</p> <p>2. Estate by Implication. — A testator by his will directed “that the plantation and stock and all things belonging to the same as it is subject to necessary changes to keep up the place as may be judged by my executor, and is to remain so during my wife’s life-time and after her death the property and money of my estate is to equally divided among my children that may be alive at that time.” Testator then provided for the custody of his children and named their guardians, who were “to receive and pay over for the benefit of what may be coming them of my estate.” Held, that the widow took an estate for life by implication.</p> <p>3. Ibid. — Powers.-—Held further, that there is nothing to show an intention to vest any estate in the executor, and nothing from which an estate in him could be raised by implication. A power given to him to make a deed of conveyance to a parcel of land which the testator had contracted to sell was a mere naked power.</p> <p>4. Quiet Enjoyment- — -Injunction.—The alienee of the widow is entitled during the life-time of the widow to the quiet and undisturbed possession of the land devised, and the court will restrain by injunction any interference by the children of testator with this right.</p>