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· 4/21/1887

Reams v. Spann

Citations

  • 26 S.C. 561
  • 2 S.E. 412
  • 1887 S.C. LEXIS 68

Syllabus

<p>1. The words of a will were: “The whole of my real estate I wish to be divided between my six children first above named. * * * Should any of my children die leaving no child or children, the property herein given I wish divided among my surviving children.” Held, that the word “surviving” referred to the time of testatrix’s death, that the estate given vested absolutely at that date, and that the shares of two of the children allotted to them after their mother’s death passed, upon their death without issue and’intestate, to their heirs at law.</p> <p>2. A question of adverse possession not considered, it not having been passed upon in the court below.</p>

Judges: McGowan, McIver, Simpson

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