Carmichael v. Heggie
South Carolina Court of Appeals
506 S.E.2d 308 (1998)
- Written by Angela Patrick, JD
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.)
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