Renwick v. Smith

Citations

• 11 S.C. 294
• 1879 S.C. LEXIS 2

Syllabus

<p>1. An administrator filed a sworn return, intended to be a full and final account, but produced no vouchers, and no decree was passed by the-Ordinary, and no notice of such filing was had by the distributees; held, that there was not such an abandonment of his trust, as would give currency to the statute of limitations. Cases reviewed.</p> <p>2. A bequest to “my daughter R. and her children” of certain negroes, “lately appraised at three thousand dollars, she accounting for interest from January 1st, 1842, till my death, and at that time she is to receive an equal part, with her other sisters of” certain other personalty; R„. having no children at death of testator, held, that she took an absolute estate in all the property given to her by this clause of the will.</p> <p>3. Where a testator in the last clause of his will, (not having previously disposed of his entire estate,) bequeathed all the “ rest and residue ” of his “ other property,” to his four children, and directed that if any of his daughters should die without leaving children, “their property hereby given ” was to go over — the word hereby referred to the “ other property ” mentioned in this clause, and not to the dispositions of the entire will.</p> <p>4. Where a husband administered on an estate, in which his wife had an interest, and wasted the assets before her death in 1850, his marital rights attached upon his wife’s share of the assets so wasted.</p>