Rogers v. Randall

Citations

• 29 S.C.L. 38

Syllabus

<p>1. Testator died leaving three sons, John, William and James, and one daughter. By his will, he gave legacies to each of his other children, and to William, ten negroes, including all their future increase, to him and his heirs forever. In a succeeding clause, he declares, “ It is my will and desire, that if any of my said four children should die before marriage, without leaving lawful issue, then, and in that case, the share of property which I have given to them, or either of them, with all their future increase, is to be equally divided among the surviving part of them, and their heirs forever.” The several legacies were delivered to the children by the executors. William sold a girl to the defendant, who had no notice of the limitations in the will, and made an absolute title with warranty. John and Mary died, and afterwards, William, before marriage and without lawful issue, leaving James sole survivor of the four children. In an action of trover brought by him to recover the value of the property, it was held that the limitation over to the surviving children, was good.</p> <p>2.' The jury were bound to find the value and hire; they had'a discretion between the highest and lowest estimates.</p>