Powers v. Bullwinkle

Citations

• 33 S.C. 293
• 11 S.E. 971
• 1890 S.C. LEXIS 146

Syllabus

<p>1. Where real property is conveyed to one in trust for “R and her children,” and this property is afterwards sold under order of the Court of Equity in a suit between the trustee and R and her children, all proper parties were before the court and the title duly passed.</p> <p>2. A conveyance to A as trustee for R and her children, does not prove that the property so purchased Was paid for with money held by A as trustee, under a will, for R and her children, and so impress this property with the trusts and limitations specified in such will.</p> <p>3. In the will of a testator who died prior to the act of 1853 (which declared the force of the words “without heirs of the body or issue”) the following provisions were made: “All the parts of my estate, real and personal, heroin intended for the support and maintenance of my daughter, E. R., during her natural life, shall, at her decease, revert and be divided equally amongst her children when they attain the age of twenty-one years and to the heirs of their bodies forever. And if any or either of her children should die before attaining the age aforesaid, or, having attained the age aforesaid, should die without issue of his or her or their bodies begotten, then the part or parts of such child or children so dying shall revert and be equally divided amongst the survivor or survivors of them; and, if all the children of my said daughter, E. R., should die before attaining the age aforesaid, or, having attained that age, should die without heirs of their bodies begotten, then all the parts of her children so dying shall return to be equally divided between the children of my sons W. and C., so that the parent shall not be heirs to their deceased children.” Held, that each child of E. R. took a fee-conditional in his or her share, to be divested in the event of his or her death without issue previous to the period when all surviving children attained 21 years; with a general limitation over by way of executory devise