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IN RE OUZTS' ESTATE

18287

245 S.C. 150 (1964)

139 S.E.2d 465

In re ESTATE of William L. OUZTS, Wilmot B. Ouzts, as Administrator d. b. n. c. t. a. of the Estate of William L. Ouzts, Petitioner-Respondent, Tallulah C. Ouzts and Dorothy Ouzts Williams, as Executrices of the Estate of David T. Ouzts, Appellants.

Supreme Court of South Carolina.

December 17, 1964.

Attorney(s) appearing for the Case

Messrs. Kerr, Smith & Barnes, of Spartanburg, for Appellants.

Messrs. Means, Evins & Browne, of Spartanburg, for Respondent.

December 17, 1964.

MOSS, Justice.

William L. Ouzts, a resident of Spartanburg County, died testate on February 8, 1960, and by the terms of his will he appointed his brother, David T. Ouzts, as executor. This brother qualified as such and continued to serve in such capacity until his death on March 18, 1961. Thereafter, the respondent herein, Wilmot B. Ouzts, was appointed Administrator de bonis non cum testamento annexo of the estate of

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