Selman v. Robertson

Citations

• 46 S.C. 262
• 24 S.E. 187
• 1896 S.C. LEXIS 56

Syllabus

<p>1. Wills — Limitations.—The second clause of the will of R., probated in 1849, reads: “I gave and bequeath to my daughter, Rpcinda R. Robertson, for her and the heirs of her body, * * * if, however, my said daughter, R., should die without issue, then the above bequeathed property is to revert back unto my estate, and be equally divided among my surviving legatees.” Held, that the limitation over to the surviving legatees is not void for remoteness.</p> <p>2. Wills — Limitations.—A limitation over, after a fee conditional, may be supported by way of executory devise; but a limitation over, after a fee conditional, cannot be supported by way of remainder.</p> <p>3. Ibid. — Ibid..—A. limitation over by way of executory devise, after a fee conditional, to “my surviving legatees,” without other words to restrict the meaning, goes to such legatees as survive the first taker.</p>