GIST v. BROWN

17615

236 S.C. 31 (1960)

113 S.E.2d 75

Nathaniel GIST, JR., Lucy W. McCaughrin, Margaret G. McCaughrin, Albert G. McCaughrin, Laura McCaughrin Pickens, Margaret McCaughrin Killingsworth, Elizabeth McCaughrin Haltiwanger, Mary Butler Fant Holmes, Nicholas S. Holmes, Owen McR. Holmes and Nancy Harper James, Appellants, v. Frances Harper BROWN and the Birmingham Trust National Bank as Executor of the Last Will and Testament of Ione Fant McCaughrin and as Trustee under the Last Will and Testament of Ione Fant McCaughrin, deceased, of which the Birmingham Trust National Bank is, Respondent.

Supreme Court of South Carolina.

February 10, 1960.


Attorney(s) appearing for the Case

Messrs. Thomas H. Pope and Eugene S. Blease, of Newberry, for Appellants.

Messrs. Grier, McDonald, Todd, Burns & Bradford, of Greenwood, for Respondent.


February 10, 1960.

STUKES, Chief Justice.

The question to be determined in this case is whether the devise to Robert, the grandson of the testator, was a vested remainder or a remainder contingent upon Robert's survival of his father. It was contained in the ninth item of the will of Robert L. McCaughrin, which follows:

"I give, bequeath and devise my `Dairy Farm' house and buildings, and one hundred acres of land with the house, (the land to be selected...

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