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PRUITT v. MOSS

20749

271 S.C. 305 (1978)

247 S.E.2d 324

Fletcher PRUITT, Respondent, v. Leola MOSS, Hugh Tolbert, Napolen Tolbert, Willie Ray Aiken, Mae Ella Davis, and T.L. Hughston, Jr., as Executor of the Estate of Charlie Tolbert, Appellants.

Supreme Court of South Carolina.

August 23, 1978.

Attorney(s) appearing for the Case

Judson A. Ayers, Jr., and Mary G. Daniel, Greenwood, for appellants.

Theo Walker Mitchell, Greenville, for respondent.

August 23, 1978.

LITTLEJOHN, Justice.

Respondent Fletcher Pruitt (Pruitt) commenced this action for the purpose of ascertaining the legal effect of a joint will executed in 1957 by his mother, Maggie Pruitt Tolbert, and step-father, Charlie Tolbert. This will created a testamentary plan whereby the surviving testator would inherit a life estate in the deceased testator's one-half undivided interest in a 41 acre tract of land, owned by the two testators as...

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