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McCLARY v. WITHERSPOON

18835

251 S.C. 523 (1968)

164 S.E.2d 220

L. M. McCLARY and George B. Washington, Plaintiffs-Appellants, v. Rachel C. WITHERSPOON et al., Defendants-Respondents, W.J. Cooper and T.S. Cooper, Defendants-Appellants.

Supreme Court of South Carolina.

November 6, 1968.

Attorney(s) appearing for the Case

Messrs. Rogers E. Harrell and Wendell O. Brown, of Kingstree, for Appellants, W.J. Cooper, and T.S. Cooper.

Messrs. William E. Jenkinson and Connor & Connor, of Kingstree, for Appellants, L.M. McClary and George B. Washington.

Jerome P. Askings, Jr., Esq., of Hemingway, for Defendants-Respondents.

November 6, 1968.

BRAILSFORD, Justice.

James S. Cooper died in 1895 seized and possessed of some three hundred acres of land in Williamsburg County and survived by five sons and five daughters. He undertook to provide by will for the division of his land among his sons, but the execution of the instrument intended as his will was fatally defective.

This action to partition the land was commenced in 1961. In the meantime, all of Cooper's children had...

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