Williams v. Cudd

Citations

• 26 S.C. 213
• 2 S.E. 14
• 1887 S.C. LEXIS 35

Syllabus

<p>1. In 1860, a married woman had no power to convey her inheritance except under the statute and in strict compliance therewith. Where, therefore, in her relinquishment the word “inheritance” was omitted from the prescribed formula — “all her estate, interest, and inheritance” — the deed did not convey the wife’s estate in the land; and upon her death intestate, her husband surviving, her children became entitled to two-thirds of this land.</p> <p>2. Nor can the Court of Equity supply the omitted word, as that court cannot aid the defective execution of a power, where the power is created by statute; especially so, where the statutory power is given to married women.</p>