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BROWN v. GRAHAM

18082

242 S.C. 491 (1963)

131 S.E.2d 421

Levi BROWN and John Brown, Appellants, v. Mattie McCants GRAHAM, Individually and as Executrix of the Last Will and Testament of Queen McCutchen, and as Administratrix, c.t.a., d. b. n. of the Estate of Elliott McCutchen and Annie McGill Fletcher, Respondents.

Supreme Court of South Carolina.

June 11, 1963.

Attorney(s) appearing for the Case

M.L. Meadors, Esq., of Florence, for Appellants.

Messrs. Yarborough & Nettles and C.T. McDonald, of Florence, for Respondents.

June 11, 1963.

LEWIS, Justice.

The plaintiffs brought this action to require the specific performance of an alleged oral contract to make a will, which the plaintiffs claim to have entered into with Elliott McCutchen, deceased. Involved is the ownership of a 145 acre tract of farm land in Florence County, South Carolina, owned by Elliott McCutchen at the time of his death in 1952.

The plaintiffs alleged that they were the illegitimate sons of Elliott...

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