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TURNER v. TURNER

19623

260 S.C. 439 (1973)

196 S.E.2d 498

John A. TURNER and Aletha K. Nettles, Appellants, v. James W. TURNER, a minor under the age of fourteen years individually and as representative of the class consisting of all born and unborn grandsons of Fred J. Turner, by his sons, Respondent.

Supreme Court of South Carolina.

May 8, 1973.

Attorney(s) appearing for the Case

Messrs. Crum and Crum of Denmark, and Thomas R. Wolfe, of Orangeburg, for Appellants.

Messrs. Hammer and Bernstein, of Columbia, for Respondent.

Messrs. Crum and Crum, of Denmark, and Thomas R. Wolfe, of Orangeburg, for Appellants, in Reply.

May 8, 1973.

LITTLEJOHN, Justice:

This appeal comes from an action for declaratory judgment brought pursuant to South Carolina Code of Laws § 10-2001 et seq. (1962), to determine title to a two hundred thirty-five (235) acre tract of land located in Bamberg County. The facts are stipulated; the primary issue involves the construction of the will of Dora T. Cleckley, wherein she devised the subject property by item two as follows:

"2. I...

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