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DAVIS ET AL. v. DAVIS ET AL.

16709

223 S.C. 182 (1953)

75 S.E.2d 46

DAVIS ET AL. v. DAVIS ET AL.

Supreme Court of South Carolina.

February 3, 1953.

Attorney(s) appearing for the Case

Messrs. Bridges & Bridges and William H. Blackwell, of Florence, and Jones, Reed & Griffin, of Kingston, N.C., for Appellants.

Messrs. Shuler & Harrell and J.D. O'Bryan, of Kingstree, and Fred P. Parker, Jr., of Goldsboro, N.C., for Respondents, Mamie Dowdy Parks, Individually, and as Administratrix of the Estate of W.N. Parks, Deceased, and Mamie Ruth Parks, a Minor.

February 3, 1953.

OXNER, Justice.

The facts are fully stated in the opinion of Mr. Chief Justice Baker. For the reasons so cogently stated by him, I am in accord with the conclusion that the estate of tenancy by the entirety no longer exists in South Carolina, but regret that I must dissent from the conclusion that the deed creates a joint tenancy.

It is elementary that the cardinal rule of construction is to ascertain and effectuate the intention...

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