Reports of Cases at Law and in Equity, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina (Volume 1) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845. Excerpt: ... groes had gone into the possession of the new administrator, there could have been no pretence to charge this defendant; nor could there have been, if the property had remained with Mrs. Daley, and she had delivered it over to the distributees. This shews the liability which now charges the defendant, to be contingent, and that the contingency happened after the revocation, and after the discharge from future liability. Dunkin, C. concurred. John M. Taylor vs. Mary Caroline Taylor. An executor is an incompetent attesting witness to a will of personal property, under the Act of 1824. The term credible, in the Act of '24, as well as in the statute of Frauds, means competent, and the competency of the witnesses relates to the time of attestation. The Stat. 25 Geo. 2, c. 6, (2 Stat. 580) is of force in this State, semble, but it does not extend to wills of personal property. Before Wardlaw, J. at Beaufort, Fall Term, 1844. This was a suggestion on appeal from the Ordinary, to try the validity of the will of Henry Taylor. The first question was as to the domicil of Henry Taylor at the time of his death. This question was submitted to the jury, who found that he was domiciled in South Carolina. Henry Taylor died on the 19th day of January, 1841. His will, which disposed of both real and personal property to a large amount, was dated on the 24th of January, 1840, and was attested and subscribed by three witnesses. John P. Williamson was one of those witnesses, and was named as one of the executors in the will. After the death of Henry Taylor, he qualified on the will, by a dedimus from the Ordinary of Beaufort District, and received commissions as executor, but had died before these proceedings were commenced. The only remaining question being as to the competen...