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SOUTHERN BANK AND TRUST CO. v. BROWN

20730

271 S.C. 260 (1978)

246 S.E.2d 598

SOUTHERN BANK AND TRUST COMPANY, as Co-executor and Co-trustee of the Estate of Arthur Brown, Respondent, v. Glenda C. BROWN, Karen Grace Brown, Eugene Brown, Eugene Brown, Jr., June Brown Broome, George Daniel Broome, Charles Van Brown, Jon Brown, Rose Brown Cashin, Jo Ann Summey, Cheryl Ann McDowell, James Arthur Cashin, Margaret Rose Fisher, Judy Summey and Joseph Calvin Summey, Jr., Appellants, and June Brown Broome and George Daniel Broome, Respondents.

Supreme Court of South Carolina.

July 31, 1978.

Attorney(s) appearing for the Case

W. Jerry Fedder, Seneca, for appellants Glenda C. Brown and Karen Grace Brown.

Larry C. Brandt, Walhalla, for appellants Eugene Brown et al.

Alexander S. Macaulay of Miley, Macaulay & Boggs, Walhalla, for respondents June Brown Broome and George Daniel Broome.

Thomas H. Coker, Jr., Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for respondent Southern Bank & Trust Co.

July 31, 1978.

LEWIS, Chief Justice:

Respondent Bank, as a named co-executor of the Will of Mr. Arthur Brown, deceased, and a co-trustee of a trust created by its provisions, brought this action to have the court determine the validity and legal effect of certain portions of the will, alleging that it was unable to determine to whom the estate should be distributed and to perform its duties as executor and trustee without such determination. The issues were...

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