Blakely v. Blakely

Supreme Court of South Carolina

Blakely v. Blakely

152 S.E. 24, 155 S.C. 123, 1930 S.C. LEXIS 49

CourtSupreme Court of South Carolina

DecidedFebruary 26, 1930

Docket12846

StatusPublished

Cited by9 cases

This text of 152 S.E. 24 (Blakely v. Blakely) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blakely v. Blakely, 152 S.E. 24, 155 S.C. 123, 1930 S.C. LEXIS 49 (S.C. 1930).

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Opinion

The opinion of the Court was delivered by

Mr. Justice StabeEr.

This action involves the construction of the will of William J. Fleming, a citizen of Laurens county, who died in March, 1921. We have made a careful study of the record in the casé, and are satisfied with and approve the conclusions expressed by' the circuit Judge in his well-considered decree — with this explanation: We do not consider the capacity in which Mrs. Bettie Fleming held the estate passing into her hands, whether as trustee or otherwise, material; it is clear that she was given under the ninth item of the will its mere management for her proper support during her lifetime, with full power of disposition; and as she failed to exercise the powers granted, the estate remaining at her death passed under the will as decreed by the Court below. Under the construction given, item ten is preserved in accordance with the manifest intention of the testator.

All exceptions are overruled, and the judgment of the circuit Court is affirmed.

*147 Mr. Chief Justice Watts and Messrs. Justices Cothran, Brease, and Carter concur.

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The opinion of the Court was delivered by

Mr. Justice StabeEr.

This action involves the construction of the will of William J. Fleming, a citizen of Laurens county, who died in March, 1921. We have made a careful study of the record in the casé, and are satisfied with and approve the conclusions expressed by' the circuit Judge in his well-considered decree — with this explanation: We do not consider the capacity in which Mrs. Bettie Fleming held the estate passing into her hands, whether as trustee or otherwise, material; it is clear that she was given under the ninth item of the will its mere management for her proper support during her lifetime, with full power of disposition; and as she failed to exercise the powers granted, the estate remaining at her death passed under the will as decreed by the Court below. Under the construction given, item ten is preserved in accordance with the manifest intention of the testator.

All exceptions are overruled, and the judgment of the circuit Court is affirmed.

*147 Mr. Chief Justice Watts and Messrs. Justices Cothran, Brease, and Carter concur.

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Bluebook (online)

152 S.E. 24, 155 S.C. 123, 1930 S.C. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blakely-v-blakely-sc-1930.

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