PEOPLES NAT'L BANK OF GREENVILLE v. HABLE

18166

243 S.C. 502 (1964)

134 S.E.2d 763

The PEOPLES NATIONAL BANK OF GREENVILLE, S.C. as substituted Trustee of the Trust created by the Will of Hyman Endel, Plaintiff-Respondent, v. Harold L. Hable et al., some of whom are, Defendants-Appellants, and some of whom are, Defendants-Respondents.

Supreme Court of South Carolina.

February 11, 1964.


Attorney(s) appearing for the Case

W.W. Wilkins, Esq., of Greenville, for Appellants, People National Bank of Greenville, S.C. as Executor of the will of Hortense Endel Reisenfeld, Deceased, and Joan Simon Mikell.

Messrs. Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, for Defendants-Appellants, Harold L. Hable, Howard L. Schloss, Beatrice L. Rosenthal and the Administrator, C.T.A. and Trustees for Estate of Jerrold N. Schloss, Deceased, and Price & Poag, of Greenville, for Defendants-Appellants, Albert M. Endel, Frances E. Horkheimer, Mathilde E. Scheur, Irma E. Spitzer and Carolyn E. Printz.

Messrs. Traxler & Turner, of Greenville, for Defendants-Appellants, Marcus Endel, Jr., Ida C. Burkhim, Sophie Neal, Louis J. Burkhim, Fanny Endel, Annie D. Endel, Rosalie Endel Cohen, Louis E. Altmayer and Babette Altmayer Benjamin.

George F. Townes, Esq., of Greenville, for Defendants-Respondents, Julius Gruber, Grace G. Goldstrom and Louise P. Kruger.

W.W. Wilkins, Esq., of Greenville, for Appellants, Peoples National Bank of Greenville, S.C. as executor of the will of Hortense Endel Reisenfeld, deceased, and Joan Simon Mikell, in Reply.


February 11, 1964.

BRAILSFORD, Justice.

This is an action to construe the will of Hyman Endel, who died testate in 1925. We quote those clauses of the 1922 will pertaining to testator's residuary estate, a part of which is in controversy:

"11TH: All of the rest and residue of my estate, both real and personal, I give, bequeath and devise as follows: one-half (1/2) thereof to my wife Frances Endel and one-fourth...

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