WELBORN v. HOLDER

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Docket Number

12361

Attorney(S)

Mr. C.E. Robinson, for appellant, cites: Habendum and warranty clauses of this deed do not change or alter the estate granted, which shows an intention all the way through to convey a life estate: 48 S.C. 341; 84 S.C. 427; 114 S.C. 501. Messrs. Haynsworth Haynsworth, for respondent, cite: Deed created naked trust here and under Statute of Uses the trust was executed and the estate became vested in the cestui que trust: 10 S.C. 376; 123 S.C. 371; 51 S.C. 271; 46 S.C. 522. Under rule in Shelley's Case, the deed operated to convey an estate in fee simple: 76 S.C. 484; 67 S.C. 118; 69 S.C. 292; 95 S.C. 32; 3 Hill, 193; 76 S.C. 36. Cases distinguished: 114 S.C. 501; 48 S.C. 341; 84 S.C. 427.

Judges

MESSRS. JUSTICES COTHRAN, BLEASE, STABLER and CARTER (concurring in result):

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

12361

Attorney(S)

Mr. C.E. Robinson, for appellant, cites: Habendum and warranty clauses of this deed do not change or alter the estate granted, which shows an intention all the way through to convey a life estate: 48 S.C. 341; 84 S.C. 427; 114 S.C. 501. Messrs. Haynsworth Haynsworth, for respondent, cite: Deed created naked trust here and under Statute of Uses the trust was executed and the estate became vested in the cestui que trust: 10 S.C. 376; 123 S.C. 371; 51 S.C. 271; 46 S.C. 522. Under rule in Shelley's Case, the deed operated to convey an estate in fee simple: 76 S.C. 484; 67 S.C. 118; 69 S.C. 292; 95 S.C. 32; 3 Hill, 193; 76 S.C. 36. Cases distinguished: 114 S.C. 501; 48 S.C. 341; 84 S.C. 427.

Judges

MESSRS. JUSTICES COTHRAN, BLEASE, STABLER and CARTER (concurring in result):

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WELBORN v. HOLDER.

January 25, 1928. The opinion of the Court was delivered by

MR. CHIEF JUSTICE WATTS.

For the reasons assigned by his Honor, Judge Mauldin, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

MESSRS. JUSTICES COTHRAN, BLEASE, STABLER and CARTER (concurring in result):

We concur in the result. We do not think that the rule in Shelley's Case has any application, for the reason that no life estate is conveyed to G.W. Bowen, and no remainder in his heirs is created. The trust is a passive trust, and the statute executes the use in G.W. Bowen in fee.

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WELBORN v. HOLDER.

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