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SCARBOROUGH v. HODGE

19397

258 S.C. 229 (1972)

187 S.E.2d 793

R. Forest SCARBOROUGH and H. Gillespie Hodge, Plaintiffs-Appellants, v. Harry Cecil HODGE, a Minor over 14 years, et al., Defendants, of whom Harry Cecil Hodge and Deborah Hodge Phillips are Appellants, and of whom Alma Barwick is Respondent.

Supreme Court of South Carolina.

March 29, 1972.

Attorney(s) appearing for the Case

Messrs. Levi & Wittenberg, and Mazursky & Evans, of Sumter, and Ronald Jebaily, of Florence, for Appellants.

Messrs. James M. Morris, of Manning, and Weinberg & Weinberg, of Sumter, for Respondents.

Messrs. Levi & Wittenberg, and Mazursky & Evans, of Sumter, and Ronald Jebaily, of Florence, for Appellants, In Reply.

March 29, 1972.

LITTLEJOHN, Justice:

Cecil Hodge of Sumter County died testate on December 31, 1968. Since the sole beneficiary of his will predeceased him, his entire estate passes as intestate property under South Carolina's laws of descent and distribution quoted in part below.

No lineal ancestors or descendants and no widow survived Cecil Hodge. His surviving collateral kin take his property. They are a half-sister, the respondent, and four children...

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