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COTHRAN v. S.C. NAT'L BANK OF CHARLESTON

18034

242 S.C. 80 (1963)

130 S.E.2d 177

Jane Sirrine COTHRAN and Helyn C. Asbury, as Executrix of the Estate of William G. Sirrine, Plaintiff-Respondents, v. The SOUTH CAROLINA NATIONAL BANK OF CHARLESTON, (Greenville, S.C.) as Executor and Trustee of the Estate of Joseph Emory Sirrine, Daniel R. McLeod, as Attorney General of the State of South Carolina, and John Doe, individually and as representative of all the unborn children and grandchildren of Jane Sirrine Cothran, Defendant-Appellants.

Supreme Court of South Carolina.

February 27, 1963.

Attorney(s) appearing for the Case

Messrs. Rainey, Fant & Horton, of Greenville, for Appellant, The South Carolina National Bank of Charleston, as Executor and Trustee of the Estate of Joseph Emory Sirrine.

Messrs. Benjamin B. Dunlap and Victor S. Evans, Assistant Attorneys General, of Columbia, for Appellant, Daniel R. McLeod, Attorney General.

Messrs. Hinson & Hamer, of Greenville, for Respondent, Jane Sirrine Cothran.

Messrs. Kendrick & Stephenson and Wyche, Burgess & Wyche, of Greenville, for Respondent, Helyn C. Asbury, as Exectrix of the Estate of William G. Sirrine, deceased.

Messrs. Rainey, Fant & Horton, of Greenville, for Appellant, The South Carolina National Bank of Charleston, as Executor and Trustee of the Estate of Joseph Emory Sirrine, in Reply.

February 27, 1963.

LEWIS, Justice.

This is an appeal by the defendant, The South Carolina National Bank of Charleston, from an order of the lower court striking certain portions of the defendant's answer and refusing the said defendant's motion for an order of reference.

The plaintiffs instituted this action under the Uniform Declaratory Judgments Act of South Carolina seeking a determination of the rights...

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