A posthumous child shall take under any will or settlement as though born in the lifetime of the father and shall not be liable to be defeated on the ground that the remainder was contingent and did not vest at the instant that the prior estate terminated and that there was no trustee to preserve the contingent remainder.
HISTORY: Former 1976 Code Section 21-1-30 [1962 Code Section 19-3; 1952 Code Section 19-3; 1942 Code Section 8873; 1932 Code Section 8873; Civ. C. '22 Section 5325; Civ. C. '12 Section 3553; Civ. C. '02 Section 2466; G. S. 1846; R. S. 1978; 1712 (2) 542] redesignated 27-5-120 by 1986 Act No. 539, Section 2.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 5 - Estates And Construction Of Documents Creating Estates
Section 27-5-10. Tenure of lands in State.
Section 27-5-20. Rule in Shelley's Case.
Section 27-5-30. Construction of terms "failure of issue" and the like.
Section 27-5-40. Feoffment with livery of seizin shall not defeat remainder.
Section 27-5-50. Warranties by life tenants; collateral warranties.
Section 27-5-60. Feoffments made by person wrongfully in possession.
Section 27-5-90. Effect of descent cast.
Section 27-5-100. Right of entry of lawful owner or heirs against heirs of disseizor.
Section 27-5-110. Entry on land.
Section 27-5-120. Posthumous child shall take under will or settlement.