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EX PARTE GUARANTY BANK & TRUST CO.

19115

255 S.C. 106 (1970)

177 S.E.2d 358

Ex parte GUARANTY BANK & TRUST COMPANY, Respondent. In re Joanne Byrd MATHERS, Reddin Byrd, and Thomas Edward Byrd, v. R.P. BYRD, Jr., Mrs. R.P. Byrd, Claude V. Brown, Trustee of the George S. Byrd Lands, Epworth Orphanage, John E. Lunn, Edward L. Young, Guaranty Bank & Trust Company, Trustee, Dusenbury, Dusenbury & McKenzie Legal Enterprises, Inc., George S. Byrd, Mrs. George S. Byrd, Florence County Industrial Loan & Development Commission, John Doe and Mary Roe as Unknown, Unborn and Incompetent Contingent Unknown Remaindermen, of Whom John Doe and Mary Roe as Unknown, Unborn and Incompetent Contingent Remaindermen are, Appellants.

Supreme Court of South Carolina.

October 29, 1970.

Attorney(s) appearing for the Case

John L. McGowan, Esq., of Florence, for Appellants.

E.N. Zeigler, Esq., of Florence, for Respondent.

October 29, 1970.

LITTLEJOHN, Justice:

The Honorable G. Badger Baker, as Judge of the Court of Common Pleas, issued his order authorizing Guaranty Bank & Trust Company, as substitute trustee of the Estate of R.P. Byrd, Sr., to deviate from the terms of the trust established by his will in 1928, and to sell by fee simple deed 124.485 acres of land to the Florence County Industrial Loan & Development Commission as agent for an undisclosed principal....

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