Reports of Appeals And Court of Errors of South Carolina ... December, 1844, to [may, 1846; November, 1850, to May 1868] ..
Reports of Appeals And Court of Errors of South Carolina ... December, 1844, to [may, 1846; November, 1850, to May 1868] ..
South Carolina. Court of Appeals
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and Lef. 5 ; LuptonYs. Luptony 2 John. Ch. 628 ; nor even to infant children, if the father has provided in his will any other maintenance, however small, and however large may be the ultimate legacy. Ellis vs. Ellis. Main- tenance out of the interest of a legacy, payable at a future day, by a testator, not in loco parentis, to a class of children not other- wise provided for, if there was equality in the portion of the children, and in their chance of taking by survivorship the whole, has been... sometimes ordered by a Court of Equity, where the Court could have before it all the persons entitled to the fund, so as to make to each a compensation in immediate maintenance for Digitized by Google APPEALS m EQUITY. 271 Oharieeton, January, 1862. the diminution of the fund to which be may be ultimately enti- tled ; but this relief cannot be aflForded if there be a gift over, or any other interest, that upon any other contingency would take effect, at least, without the consent of the remainder-men.
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