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DOZIER v. ABLE

17996

241 S.C. 358 (1963)

128 S.E.2d 682

Vernon DOZIER et al., Appellants, v. Dolly Perry ABLE, individually and as Executrix, et al., Appellants, and Robert S. Perry, Sr., et al., Respondents.

Supreme Court of South Carolina.

December 3, 1963.

Attorney(s) appearing for the Case

Messrs. Walter T. Lake and Blease & Griffith, of Newberry, and Griffith, Coleman & Griffith, of Saluda, and James H. Howey, of Lancaster, for Appellants.

Messrs. Thomas H. Pope, of Newberry, James B. Hare, of Saluda, Winter & Winter, of Columbia, and Bethea & Robinson, of Reidville, N.C., for Respondents.

Messrs. Walter T. Lake and Blease & Griffith, of Newberry, Griffith, Coleman & Griffith, of Saluda, and James H. Howey, of Lancaster, for Appellants, in Reply.

December 3, 1963.

BRAILSFORD, Justice.

This is an action for the construction of the will of Walter E. Perry, deceased, which was executed on January 27, 1953, and was probated on March 20, 1960, particularly Item V thereof, which we quote:

"I will, and devise and bequeath all the rest and residue of my estate, both real and personal property of which I may die seized and possessed unto all of my first cousins and my aunt, Mrs. Connie Crisp, the children...

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