THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Lucille Taylor, Appellant,
v.
Ave Marie Williams, Mattie Ann Wright and Isaac Wright, Respondents.
Appeal from Marion County
Michael G. Nettles, Circuit Court Judge
Unpublished Opinion No. 2008-UP-020
Submitted January 1, 2008 – Filed January 10, 2008
AFFIRMED
Jerry L. Finney, of Columbia, and Ernest A Finney, Jr., of Sumter, for Appellant.
C. Pierce Campbell, of Florence, for Respondent.
PER CURIAM: Lucille Taylor (Lucille) appeals an order of the trial court holding Pauline T. Williams (Pauline Williams) and Gracie T. Thurmond (Thurmond) were each deeded one acre of land in fee simple absolute and not fee simple condition subsequent. We affirm.[1]
FACTS
On December 14, 1965, D. T. Taylor (D. T.), Lucille’s father, executed a Last Will and Testament and a first codicil. Lucille was devised a tract of land, subject to a life estate in favor of D. T.’s wife, Edith Taylor. D. T. fathered Pauline Williams and Thurmond. Ave Marie Williams (A. M. Williams) and Mattie Ann Wright are Pauline Williams’ daughters. Mattie Ann Wright is married to Isaac Wright (collectively the Wrights).
D. T.’s codicil provided in relevant part:
I hereby amend ITEM I of the said will so as to provide that in the event my daughter, Gracie Thurmond, or my daughter, Pauline Williams, or both of them, desire to obtain an acre of land each as a home site for themselves that my wife Edith Taylor and my daughter Lucile [sic] Taylor convey to them, or either of them, a deed for such one acre of land for each of them upon the payment of the sum of One ($1.00) Dollar by each of them for the said land.
D. T. passed away on February 3, 1966, and his Last Will and Testament and the codicil were duly probated.
On March 19, 1974, Lucille and Edith Taylor conveyed Pauline Williams and Thurmond each one acre of the land D. T. devised them. The granting clause in Pauline Williams’ deed reads: “Edith Taylor and Lucile [sic] Taylor . . . have granted, bargained, sold and released, by these presents do grant, bargain, sell and release unto the said Pauline T. Williams, her heirs and assigns, forever.” In Thurmond’s deed, the granting clause contains identical language: “Edith Taylor and Lucile [sic] Taylor . . . have granted, bargained, sold and released, by these presents do grant, bargain sell and release unto the said Gracie T. Thurmond, her heirs and assigns, forever.”
Following a description of the conveyed property, each deed contains a “purpose clause” noting:
This deed is being executed by the grantors herein in compliance with the terms and conditions of the first Codicil, dated December 14, 1965, to the Las