Shuler v. Bull

Citations

• 15 S.C. 421
• 1881 S.C. LEXIS 90

Syllabus

<p>1. The principle expressed in the maxim pater est quern nuptve demonstrant 'should have full influence, but the question of the paternity of a child horn in wedlock is one of fact to be determined upon competent evidence, and such evidence is not limited to the proof of impossibility of access.</p> <p>2. Personal property was bequeathed by will to the executors to hold in trust' for the use of A during life, and after her death to be equally divided among her children. Held, a vested remainder in the children.</p> <p>3. A release of a child’s share in such vested remainder, executed by her husband in 1867, was effectual to release the wife’s interest upon the falling in of the life-estate in 1874, both husband and wife surviving. Oases reviewed.</p> <p>4. The constitutional provision, giving the property of a married woman to her as her separate estate, did not affect the marital rights of the husbandj vested and exercised before the adoption of the constitution, in 1868.</p>