The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-07-20
THE GAULDEN LANDS.
THE HEIRS HOLD IN MoRTMAIN STILL
THEIR OLD ESTATES.
Mrs. burnett Gaines Her Suit for II
share in the Estate of Her Father
who Died in Is2.-RepOrt Of the
Master.
SOlTIl CAROLINA,

Of land in Abbeville County containing 32i
acres. He left no will. His heirs were ms
widow Frances, his sons John, Charles. An
drew and William, and his daughter sarah,
who is the plaintiff herein. William Nani-
den administered and settled his father per
sonal estate The realty was never divided;
Afterwards William died unmarried ana
intestate. Then Andrew. on February 2'lii;
1911, conveyed to his brothers !ohn ana
Charles ain common OF all my interest ''io
..eState in the lands which (>lc) was my Ettii.
uer's lanes Ciouldcn, who died intcStatc.
etc. giving the boundaries and the area rs
~; acres: "ro have and TO hold all singular
his interest in the premises above neh''oil-
From this time John and Charles seem TO
have held the entire tract ana cultivated IL
in partnership, their mother ana sister living
on the land with them.
In 1919 Sarah Gaulden married Mr. Bnrnet
and left the place. Charles Gaulden died IN
lSjS without wife or child ana lntcState.
John administered and settled his personal
estate. .. ,
n paper in The following words: "ltecelved
"January lith, 1856, OF John Gauluen four
"hundred and fifteen dollars and flty cents
sfor my undivided and entire interest in the
undivided real estate of Charles Il. Gauldcn,
deceased, OF the said G;Lulden as l may De
illegally entitled to, | bind myself, my heirs,
executors, administrators. and asSignecS 10
"warrant and defend the same TO the said
.John Gaulden. his heirs and aSSignces for
sever" This aper Is under seal ana has TWO
subscribing witnesses.
on April -, lSjG, Andrew Gaulden executed
similar paper and thereby conveyed ms III
terest in the real estate oi Charles 10 Johh.
In 1889 Mrs. Burnct moved back on the
land and seems 10 have settled on Il lot ol one
and a half acres of the original tract winch
her mother gave To her. She mas rcSlueu
there ever since. Mrs. Frances Gaulden, the
widow of James Gaulden, continued to re-
side with her son John on the land until Au-
gust, 1872 when she died. Andrew Gaulden
Mrs. Burnet subsequently executed the fol-
"Ninety-SiX, Abbcville County. $. c., July
"Sd, 1850. 1 hereby relinquish all claims to
1.-The estate of Mrs. Frances Gaulden, deceas-
..ed. for the consideration OF the parcel of
.land hereinafter described. The land IS
"bounded by the home lot Of Mrs. Sarah Bur-
met on the west, on the north by the pub ic
.sroad down to the present fence corner mark
led by q stone, turning from the corner south
"toa pine tree marked, continuing to Jeil
..Floyd's land line, on the west by John r.
.day Of July, 1880. Sarah Burnet.
"WittneSSes:
&c. w. Gauldcn,
a. Z. Burnett"
Itappears from Mrs. BurnettS testimony
that the parcel of land described in the last
mentioned paper contained some 1--WE ana q
half acres, and that it was given by her BROTH
er John.
1t also appears to have been a part of the
original tract OF '2@ acres, and Mrs. Burnett
states that she has been offered Sl,UOO Tor the
land, about seven acres IN all, which she now
John Gaulden seems to have assumed that
the rest of this tract belonged TO him abSolu-
tely and solely. He died In June, 1882 leav-
ing will in which be divided his lands
amongst his children who are the defendants
TO this actlOn. $50
Mrs. Burnett now brings suit for partition Of
the whole tract of 323 acres, Claiming halt
interest therein. The defendants deny that
she has any Interest in said land and plead
the statute Of limitations IN bar OF any sup
posed interest she may have had.
take 1t that upon the death OF James Gaul-
den in 1877, his daughter inherited an inter-
est amounting TO two.fiiths OF his estate
Upon the death OF William, who had inner
lied an equal share, one-titth of his estate,
that Is tWU-seventy-tifthS of the entire estate
descended 10 her, making her interest amount
to INSTRUMENTATION OF the estate. She
sold her Interest in Chares's estate to her
brother John in lS5G, and she received no part
of Andrews interest III this land, he having
by his conveyanccs in ISL to john and
Charles, and In le06 To John, parted with his
entire interest therein.
ON the death OF Mrs Frances Gaudcn, Mrs.
Burnett was entitled TO one-hali OF whatever
interest she may have had in tie land, out il
appearS that in some SORT of statement or
.compromiSe" she rclinQuisheG all claims
thereto by her paper above recitcd. II was
objected that this paper cannot have effect as
q conveyance because 1t is without the form
and incidents OF a deed, that 1t docs not nan q
tne party in whose behalf the reliEQuish-
ment is made and thai tits without su ufhcent
consideration.
think the paper estops Mrs. Burnett to
claim any interest in her mothers estate
The proof shows that said settlement was
made with her brother John, that the consid-
Grafton TO her for the rcliI.quShnent Pro-
ceeded from him and that he and she were
the only persons interested in their mothers
estate.
I think the presumption is legitimate that
she relinquiShed TO John. The consideration
was expressed 10 be parcel Of land dcScrib-
ed by boundaries, in which John had the
largest if not the sole interest.
IL does not appear how valuable the land
was. but it seems 10 nave satisfied her for
more than ten years. until after her brother
Johns death. II would be vain to speculate
as TO what entered into this "comprOmisc"
The defendants claim in their answer that
Frances Gaulden was largely indebted 10 her
son John for maintenance and care.
There Is no evidence sufficient to ascertain
the amount OF such indebtedness If there was
uny 1t appears that said transaction was
hnd with reference to some kind OF compro-
mise or settlement OF their mothers estate
by this brother and sister. AS such it Is IN
the nature of family arrangement which;
in the absence OF evidence as To the matter
in full think II safest to leave undsturbed.
take II that Mrs. Burnetts entire interest in
this tract of land Is twelve se\ enty-tifthS, as
above aScertalneu, or more conveniently,
four-tweuty-fifihs.
The remaining question is as to whe:er the
statute is bar 10 her claim. There is moth
ing in the testimony TO show an custer. She
did leave the place on her marriage in 1919,
but voluntarily, and she returned ten years
later and took up her abode upon a part Ol
the land and has occupied II ever since. The
mart she held never formally divided
from the rest of the tract. she says ii was
given her by her irother, but her mother
only had an undivided interest in ii, not the
sole interest. Occupying portion OF Il tract
of land in the whole OF which she possessed
an undivided interest, could she be dlssclzed
of her interest and still hold and occupy IL rs
her own?
do not think the statute is n bar. If, how
ever there Is to hr partit ion, then the acre
and half which Mrs. Burnett has occupied
as her home for So many years must be con-
sidered part of the estate to be partltlOned.
She has in il her own interest by inheritance
from her father and her brother William
with perhaps the Interest OF her mother by
Gift She has shown no title TO her brother
John in nterest in 1t and cannot claim IL By
adverse possession any more than John can
to claim her interest III tnc rest ol Tile Iallu
by such right.
To The five or six acres given her by John
I'm 1ssO she has sole title and 1t cannot be
thrown into the partition. She and her
brother owned the whole interest IN II at that
time and she purchased hts interest in il by
r.Iinouishing r her Interest i'll their mothers
estate thereby acquiring the sole ownership
and has held 1t exclusively for more than ten
years. H.
which she gave to Mrs. Burnett was one un-
divided third augmented by her interest (onc-
fourth) in her son ChareSS share of 1t. The
latter's interest in it was his two-fiitecnihs
inherited from his father, plus his tWO-Sevcn-
ty-fitths inherited from his brother William,
plus the half of Andrews interest twelve
seventy-tiflhS) in II acquired by purchase,
which would amount TO cghieen-scventy-
fifths or siX-twenty-tifths. Then Mrs. Bur
nett's interest would be eightyihree one hun
dred and fiftietnS (S;-l5O) in this one and Il
III and twelye-ScypnIy-iiftnS in tle