Turnipseed v. Sirrine

Citations

• 57 S.C. 559
• 35 S.E. 757
• 1900 S.C. LEXIS 63

Syllabus

<p>1. Statute of Frauds. — The fourth clause of sec. 4 of the statute of frauds has no application to contracts relating to personal property.</p> <p>2. Ibid. — Wiles—Specific Performance — Evidence—Parol.—The execution of an oral agreement to make mutual wills on the part of the plaintiff, whereby she bequeathed to the deceased a legacy of ten thousand dollars, and the residue of her estate, is such performance of the agreement on her part as will take the case out of clause 4, of sec. 17, of statute of frauds, permit agreement to be proved by parol, and enable the Court to decree specific performance on part of deceased’s legatees.</p> <p>Izard v. Middleton, 1 DeS., 116, overruled.</p> <p>3. Rehearing refused.</p>