| HIST |
Source: South Carolina Magazine of Ancestral Research, Vol. 13
"Singleton, Manning &al vs James B. Richardson &al. This case rests on the construction of two clauses in the will of the Deceased General (p.22) Richard Richardson, whether the bequest to Thomas as well as his share of the residuary personal estate is not explained by another clause wherein he devises his residuary real estate to his 3 youngest sons, and the personal as well as the real estate become subject to the same conditions. Judges decided that the two clauses were distinct and had no relation to each other. Thomas, on the legatees under the first clause, died intestate without wife or child and subsequent tot he passing of the Act for the abolition of the right of primogeniture, and his share of the personal estate must go according tot he provisions of that Act. As to the devise under the other clause to the three youngest sons, John Peter, Charles and Thomas, the intention of the testator evidently was to confine survivorship to those three sons, for the words are, "if either of my three last mentioned sons should die before they come of age, etc...: (p. 23) The judges decreed that the real estate become vested in the two surviving sons John Peter and Charles equally divided between them, and Thomas' share of the personal estate to be disposed of agreeable tot he Act before mentioned.". |