Prater v. Whittle

Citations

• 16 S.C. 40
• 1881 S.C. LEXIS 129

Syllabus

<p>1. Where a testator by will disposed of his entire estate, and subsequently sold all of his lands and part of his personalty, and then died possessed of some personal property, the will is not revoked and should be admitted to probate. How revocation is effected, expressly or by implication, considered.</p> <p>2. Upon the issue of will or no will on appeal from the Probate Court, the trial is had do novo in the Circuit Court, and, therefore, a finding of facts by the Probate judge is not a matter to be considered by this court on appeal.</p> <p>3. The probate of a will settles all questions as to its proper execution, but does not determine its construction, nor the validity of its clauses. Therefore, on application to prove a willj a revocation which does not wholly defeat it presents no question for the Probate Court to determine.</p>