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GAITHER v. U.S. TRUST CO. OF N.Y.

17268

230 S.C. 568 (1957)

97 S.E.2d 24

H. GRANGER GAITHER, Executor of the Last Will and Testament of Marie Tailer Gaither, Appellant, v. UNITED STATES TRUST COMPANY OF NEW YORK, Respondent.

Supreme Court of South Carolina.

March 6, 1957.

Attorney(s) appearing for the Case

Messrs. deLoach & Wilson, of Camden, for Appellant.

Harold W. Funderburk, Esq., of Camden, for Respondent.

March 6, 1957.

OXNER, Justice.

This action was brought by appellant, executor of the will of his wife, Marie Tailer Gaither, for a construction of said instrument. Respondent, United States Trust Company of New York, is made the trustee of a trust created by Item II. Appellant is one of the beneficiaries of said trust and is also named as the general residuary legatee. The controversy relates to the property which may be used by the executor for the purpose...

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