Murrell v. Mathews

2 S.C.L. 397

• Court: Court of Appeals of South Carolina
• Decided: July 1, 1802
• Status: Published

Opinion

In this case, the Judges were all clearly of opinion, that the marriage of John Jonah Murrell, and birth of a child, gave him a conditional estate in fee in the land in question at the common law, And his having conveyed the same away during the life of such child, barred the remainder-man, and all claiming under him; and consequently, vested a good estate in fee in Matherws the defendant.

Judgment for the plaintiff.

All the Judges present.

M. B. The statute 13 Edward I. creating perpetuities by estates tail is not in force in this country, consequently what would make an estate tail in England, is a conditional fee in South Carolina, which is alienable on the donee’s having lawful issue.