Reeves v. Tappan

Citations

• 21 S.C. 1
• 1884 S.C. LEXIS 65

Syllabus

<p>1. Until the act of 1880, the executor of an executor in this State represented the first testator, and was invested with all the powers conferred by the will upon the first executor as executor.</p> <p>2. A mere naked power conferred upon the executor as an individual cannot be exercised by his executor, but where the power is conferred upon the executor in trust and virtute officii, it survives and passes to his executor. Powers considered and classified.</p> <p>3. Testator by his will directed his executor to pay his debts and a specific legacy in money, and then devised and bequeathed all the residue of his estate to his brother L.-in trust for the use of L.’s children, to be divided among them share and share alike. L. was appointed executor of the will with full power to execute the same and to sell any of the real or personal estate and to invest proceeds as trustee for his children. L. qualified and afterwards died, leaving S. his sole executrix. Held, that the powers conferred upon L. passed at his death to his executrix, and that a sale and conveyance by S. of a lot of land of the first testator was a valid sale.</p> <p>4. L., by his will, authorized his executrix to sell for certain purposes any of the lands of the first testator outside of the city of C. Held, that this did not prevent S. from selling lands of the first testator in C., under the power conferred in the first will.</p>