Witherspoon v. Watts

Citations

• 18 S.C. 396
• 1883 S.C. LEXIS 11

Syllabus

<p>1. Circuit decree charging only one of two executors with funds of the estate received by the executor charged, sustained.</p> <p>2. Executors will not be removed from office, except where guilty of willful misconduct, waste or improper disposition of the assets.</p> <p>3. A widow having renounced all interest under her husband’s will and elected to take dower, the dower is not primarily chargeable upon the property given to the widow by the will, but must be laid off in each of the several tracts of land; or if money be assessed in lieu of dower, the assessment must be paid by the devisees of the land, or out of the proceeds of their sale.</p> <p>4. Funds of the residuum used by the executors in paying off the assessment for such dower, must be replaced by the devisees of the land or out of the proceeds of sale of their land.</p> <p>5. A bequest of money afterwards described by the testator as property “specifically disposed of,” is a specific legacy.</p> <p>6. A finding of fact by- the Circuit judge as to a claim of land by adverse possession, sustained.</p> <p>7. Where a testator disposed of a tract of land to be held in trust for A., for life, and by the same clause forgave A. a large indebtedness, where A. accepted this release and was a party to two actions in which this tract was claimed to be the property of testator, and the dower claim of the widow therein was provided for out of other property of the testator, A. will be held to an election and cannot afterwards claim this land by adverse jiossession under a parol gift from testator.</p> <p>8. Where a widow renounces her interest in an estate under a will, property left to her for life with remainder over, vests instantly and absolutely in the remaindermen, and property given absolutely to the widow becomes assets in the hands of the executors undisposed of by the will.</p> <p>8. Where land is purchased with the proceeds of property specifically devised and is then turned over to a legatee in payment o