FOSTER ET AL. v. FOSTER ET AL.

16917

226 S.C. 130 (1954)

83 S.E.2d 752

GERTRUDE LEONARD FOSTER, MARY FOSTER TURNER and JACK D. FOSTER v. ALTON L. FOSTER, FRANCIS MARION FOSTER and ALTON L. FOSTER, JR., ET AL.

Supreme Court of South Carolina.

October 6, 1954.


Attorney(s) appearing for the Case

Jesse W. Boyd, Esq., of Spartanburg, for Appellants.

Messrs. Lyles & Lyles, of Spartanburg, for Respondents.


October 6, 1954.

PER CURIAM.

Respondents, plaintiffs below, brought this action for a declaratory judgment with respect to the rights and estates of the parties to this action under the will of John A. Foster. Appellants demurred upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The court below, in its order now under appeal, overruled the demurrer, holding that a cause of action had been stated, but declining...

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