Shaw v. Erwin

Citations

• 41 S.C. 209
• 19 S.E. 499
• 1894 S.C. LEXIS 108

Syllabus

<p>1. Limitation of Estates — Eee Defeasible. — A testator devised tract A to liis wife, tract B to his wife for life, and tract 0 to his son, and if his son should die leaving no child, and testator's wife be dead, that tract C should go over. Testator further provided that the property willed to his wife for life should go at her death to his son for life, and then to his children; and if this wife die without having made disposition of tract A, and his son be dead leaving no issue, then tract A was to go over. Held, that the children of the son took nothing in tracts A and 0 as purchasers under this will, either by express gift or by implication arising from a necessity apparent on the face of the will, but that the son of testator took a fee defeasible in tract 0, and that there was no remainder in tract A, either to the son or to his children.</p> <p>2. Ibid. — Intention.—The construction of the testator’s intention is strengthened by his gift of tract B to his son and his children by successive remainders, with contingent remainder over to others, thus showing that testator knew how to create a remainder when he so intended.</p>