Welborn v. Townsend

Citations

• 31 S.C. 408
• 10 S.E. 96
• 1889 S.C. LEXIS 52

Syllabus

<p>1. A will executed prior to the act of 1858 (12 Stat., 700), will he applied to after acquired lands, where the testator died after that act, if the terms of the will are sufficiently comprehensive to embrace all the lands of which he died seized.</p> <p>2. A will executed in 1847 by a testator who died in 1869, provided in its last clause as follows : “All the balance of my personal estate I give and bequeath unto A and B to be absolutely theirs equally divided also my land or real estate I do give will and bequeath to A and B to be theirs absolutely as above mentioned.” At the time of making his will, testator owned a tract of land and afterwards purchased others, of all which he died seized. Held, that this was a residuary clause and under the act of 1858, A and B were devisees of the after acquired land as well as of that which testator owned when he made his will.</p> <p>3. It is not the policy of the law to declare a partial intestacy, if the will can be so construed as to prevent it.</p>