Quimbee logo
DMCA.com Protection Status

Carmichael v. Heggie

506 S.E.2d 308 (1998)

Case BriefRelatedOptions
From our private database of 30,500+ case briefs...

Carmichael v. Heggie

South Carolina Court of Appeals

506 S.E.2d 308 (1998)

Facts

William Carmichael and Jane Heggie (defendant) each had a half interest in a farm. William’s will gave his wife, Doris Carmichael, a life estate in his half interest, meaning that Doris could use it during her lifetime. However, William’s will also gave Doris a testamentary power of appointment for the property interest, which meant that Doris could choose to give the half interest in fee simple, i.e., full ownership, to someone in her will. After William died, Doris executed (1) a deed immediately giving the half interest to her son, Milton Carmichael (plaintiff), (2) a will that gave Milton the half interest at Doris’s death, and (3) a contract agreeing not to change the terms of her will in exchange for Milton caring for her in her old age. Milton then sued to split his half interest from Heggie’s half interest, but Heggie contested Milton’s ownership rights. The trial court ruled that Doris could not exercise her power of appointment to give Milton the half interest in fee simple until she died. The court held that, while Doris was still alive, she could deed to Milton only a life estate pur autre vie, i.e., a life estate measured using Doris’s life, which was not enough to force Heggie to split the property into two pieces. Milton appealed.

Rule of Law

Issue

Holding and Reasoning (Goolsby, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,500 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership