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MYERS v. SINKLER

17569

235 S.C. 162 (1959)

110 S.E.2d 241

Thomas E. MYERS, as Executor under the Will of Mary O. Marshall, Respondent, v. Huger SINKLER, as Executor under the Will of Mary O. Marshall and as substituted Trustee under the Trust Deed, etc., et al., Defendants-Respondents, except Huger Sinkler, as Trustee under the said Trust Deed, who is, Appellant.

Supreme Court of South Carolina.

August 31, 1959.

Attorney(s) appearing for the Case

Messrs. Mitchell & Horlbeck, of Charleston, for Appellant.

Messrs. Smythe & Smythe, and DeRosset Myers, of Charleston, for Respondents.

August 31, 1959.

LEGGE, Justice.

Miss Mary O. Marshall died in 1957, and her will, executed in 1954, has been admitted to probate in Charleston County. The substituted trustee under a deed of trust executed by her in 1936 appeals from a circuit decree directing apportionment of federal estate and South Carolina inheritance taxes between the probate estate on the one hand and the trust estate on the other.

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