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Surles v. McLaurin

Supreme Court of South Carolina
Apr 8, 1913
94 S.C. 308 (S.C. 1913)

Summary

In Surles v. McLaurin, 94 S.C. 308, 77 S.E. 944, a devise to the testator's son for life and then to the heirs of his body, "but should he leave no such heirs", over, was held to pass a fee conditional upon the birth of issue.

Summary of this case from Bethea v. Bass

Opinion

8516

April 8, 1913.

Before C.J. RAMAGE, special Judge, Dillon, November, 1912. Affirmed.

Action by Allen Surles against D. McLaurin et al. Defendant McLaurin appeals.

Messrs. Townsend, Rogers McLaurin, for appellant. Mr. McLaurin cites: 2 Bail., 248; 17 S.C. 551; 67 S.C. 134; 13 S.C. 118.

Messrs. Sellers Moore, cantra, cite: 3 Rich. Eq. 271, 384; 1 Rich. Eq. 411; 2 Strob. Eq. 174; 13 S.C. 115; 65 S.C. 345; 67 S.C. 307; 48 S.C. 440.


April 8, 1913. The opinion of the Court was delivered by


In this action to enforce the specific performance of a contract to purchase a tract of land, the defendant, McLaurin, alleged that the plaintiff, Allen Surles, had only a life estate in the land, and therefore, could not perform his contract to convey a perfect title in fee simple. Allen Surles derived title under the following clause of the will of A.B. Surles: "To my beloved son, Allen Surles, I give, devise and bequeath the lands known as my Clark place, bounded north by T.P. Squires, east by Little Pee Dee River, south by R.L. Lane, and west by Alfred Stackhouse and public road, containing four hundred acres, more or less, to have and to hold unto my said son, Allen Surles, for and during the term of his natural life, and then to the heirs of his body; but should he leave no such heirs, then the same shall be equally divided among my other heirs." Allen Surles has several children who were made defendants, as were also the heirs of A.B. Surles. None of these parties answered, except certain infants by their guardian ad litem.

The appeal is from a decree of the Circuit Court, holding that Allen Surles took a fee conditional, that having issue, he could convey a good title, and that the defendant, McLaurin, should accept the title tendered by him.

The devise cannot be distinguished from the devises in Bethea v. Bethea, 48 S.C. 440, 26 S.E. 716, and Whitworth v. Stuckey, 1 Rich. Eq. 404, which were held to create fee conditional estates. These cases are conclusive in favor of the judgment of the Circuit Court.

Affirmed.


Summaries of

Surles v. McLaurin

Supreme Court of South Carolina
Apr 8, 1913
94 S.C. 308 (S.C. 1913)

In Surles v. McLaurin, 94 S.C. 308, 77 S.E. 944, a devise to the testator's son for life and then to the heirs of his body, "but should he leave no such heirs", over, was held to pass a fee conditional upon the birth of issue.

Summary of this case from Bethea v. Bass

In Surles v. McLaurin, 94 S.C. 308, 77 S.E. 944, it was held that a devise to a son "for and during the term of his natural life, and then to the heirs of his body; but should he leave no such heirs, then the same shall be equally divided among my other heirs" gave the son a fee conditional estate.

Summary of this case from Smoak v. McClure

In Surles v. McLaurin, 94 S.C. 308, 77 S.E. 944, it was held that a devise to a son "for and during the term of his natural life, and then to the heirs of his body; but should he leave no such heirs, then the same shall be equally divided among my other heirs" gave the son a fee conditional estate.

Summary of this case from Woodle et al. v. H.L. Tilghman, Jr., et al

In Surles v. McLaurin, 94 S.C. 308, 77 S.E., 944, the devise was to A. for life, remainder to the heirs of his body, but, if he should leave no such heirs, then over. Held a fee conditional, for the obvious reason that there was nothing to militate against the idea of indefinite succession in the expression "heirs of his body," the remaindermen; clearly within the rule in Shelley's Case.

Summary of this case from Strother v. Folk
Case details for

Surles v. McLaurin

Case Details

Full title:SURLES v. McLAURIN

Court:Supreme Court of South Carolina

Date published: Apr 8, 1913

Citations

94 S.C. 308 (S.C. 1913)
77 S.E. 944

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