Stafford v. Stafford

Supreme Court of South Carolina

Stafford v. Stafford

20 S.E.2d 217, 200 S.C. 1, 1942 S.C. LEXIS 59

CourtSupreme Court of South Carolina

DecidedMay 12, 1942

Docket15410

StatusPublished

Cited by1 cases

This text of 20 S.E.2d 217 (Stafford v. Stafford) 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

Stafford v. Stafford, 20 S.E.2d 217, 200 S.C. 1, 1942 S.C. LEXIS 59 (S.C. 1942).

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Opinion

The opinion of the Court ■ was delivered by

Mr. Associate Justice Stukes :

The circuit decree from which this appeal was taken is affirmed and adopted as the judgment of this Court. It will be reported. There are ample sustaining authorities; among ■them are: Cannon v. Cannon, 135 S. C., 183, 133 S. E., 556; and Kirkham v. First Nat. Bank, 149 S. C., 545, 147 S. E., 648.

The exceptions question (1) the sufficiency of the factual showing of reasonable necessity for, or the expediency of, the sale of the property; (2) that the sales price is the full value, and (3) the safeguarding of the fund for the life tenants and remaindermen.

However, careful consideration of the testimony and Master’s report discloses no reasonable foundation for the criticisms. It is noted that the provisions for the preservation and application of the substituted fund in accord with the terms of the deed are very similar to the requirements made by this Court in Cannon v. Cannon, supra.

The exceptions are overruled and the judgment affirmed.

Mr. Ci-iiEE Justice Bonham and Messrs. Associate Justices Baker and Fisitburne concur. Circuit Judge L. D. Fide, Acting Associate Justice, disqualified.

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