DUNCAN v. ALEWINE

20981

273 S.C. 275 (1979)

255 S.E.2d 841

David Vincent DUNCAN, II, Executor of the Estate of Eunice Andrea Baswell, Deceased, Respondent, v. Group. I. Edna May Andrea ALEWINE, Helen Richardson Allgood, Connie Lee Andrea, Frederick Wilhelm Andrea, Jr., John Augustus Andrea, Edward E. (Jack) Baswell, Lilly Inez Lynn Brookshire, Nettie H. Richardson Duckworth, Mary Lenora Fowler Duncan, Mildred Louise Andrea Greer, Edith Marie Andrea Holtzclaw, Hester Richardson Knotts, Lois Martin, M.B. Richardson, Sarah Richardson, Annie Myrtle Andrea Roberts, Mary Louise Lynn Styles, Ruth Welborn, Clemson University and Winthrop College; Group II. Edward Allgood, Mary Frances Andrea, Redmond Angelo Andrea, Rex Leopold Andrea, Jr., William Andrea, Mary Sue Lynn Anders, Mrs. Hugh Atkins, Mrs. Almeda Ballard, John BasWell, Annie Mae Fowler Bishop, Virgie Lee Lynn Bishop, Mrs. Vada Boggs, Varon Virginia Thompson Bagwell, J.M. Carpenter, Mrs. Lucile Clarke, Evelyn Marlene Fowler Coggins, Eva Elizabeth Fowler Crain, Marcille Francis Lynn Crain, Remo Emerson Cribb, Zane Andrea Cribb, Gloria Maxine Cusenze, Grace Evelyn Lynn Earle, Mrs. Carolyn Farmer, Priscilla Anne Lynn Feher, Holly Louise Fowler Fleming, Clifton Fowler, Franklin Augusta Fowler, James A. Fowler, Jerry Winston Fowler, Louise Franklin Fowler, Moses Henry Fowler, Thomas Ray Fowler, Vera Joanne Lynn Hand, Linda Ailene Fowler Henderson, Jeanette Ford Hood, Mrs. Earl Jacobs, Roma Willis Fowler Johnson, Velma Marion Lynn Jones, Mrs. Frederick Kloeckner, Mrs. Dick Laycock, Sybil Constance Lynn Lister, Colie Blease Lynn, Donald Edwin Lynn, Rudford Floyd Lynn, John Crawford Lynn, John Frederick Lynn, Marshall Dennis Lynn, Ralph Eugene Lynn, Roy William Lynn, Sloan Roe Lynn, Thomas Endell Lynn, William Gordon Lynn, William Rudolph Lynn, Betty Erlene Lynn Manly, Mrs. Elizabeth McGee, Marguerite Francis Andrea Moody, Mary Louise Andrea Panktratz, Lois Edna Lynn Parker, Mathias Richardson, Mrs. George Rogers, Edna Mae Fowler Sloan, Ida Mae Lynn Tapp, Billy Dean Thompson, John Henry Thompson, Webster Conner Thompson, Ethel Fowler Waters, Charles Wyatt, Captain Louis Andrea, Dorothea Andrea Lynn Young, Edna Alewine, David Vincent Duncan, II and Sarah Richardson as Trustee or potential Trustees of any trust or trusts as may be established by the Last Will and Testament of Eunice Andrea Baswell; Daniel L. McLeod, Attorney General for the state of South Carolina; James Maximillian Andrea, Deceased, and children and heirs at law and/or distributees of James Maximillian Andrea, Deceased, and persons claiming any right, title, estate, interest in or lien upon the Estate of Eunice A. Baswell, described herein by virtue of being a relative or heir at law of the said James Maximillian Andrea, Effie Ruhama Richardson, Deceased, and children or heirs at law and/or distributees of Effie Ruhama Richardson, Deceased, and all persons claiming any right, title, estate, interest in or lien upon the Estate of Eunice A. Baswell, described herein by virtue of being a relative or heir at law of the said Effie Ruhama Richardson, Thomas M. (T.M.) Baswell, Deceased and all persons claiming any right, title, estate, interest in or lien upon the estate of Eunice A. Baswell, described herein by virtue of being a relative or heir at law of the said Thomas (T.M.) Baswell; any known adults being a class designated as John Doe; and any unborn infants or persons under disability being a class designated as Richard Roe, or any other person or persons claiming any right, title, estate, interest in or lien upon the Estate of Eunice Andrea Baswell described herein, Defendants, of whom, any unborn adults being as a class designated as John Doe and any unborn infants or persons under disability being as a class designated as Richard Roe are, Appellants.

Supreme Court of South Carolina.

June 7, 1979.


Attorney(s) appearing for the Case

Robert M. Ariail of Dillard & Mitchell, Greenville, for appellants.

Edward, Duggan & Reese, Greer, for respondent.

Russell W. Harter, Jr., Greenville, for defendant Edward Baswell.

John W. Dejong, Greenville, for defendant John Baswell.

Asst. Atty. Gen. Edwin E. Evans, Columbia, for defendant McLeod.

William L. Watkins, Anderson, for defendant Clemson University.

Benjamin W. Anderson, II, Clemson, for defendants Clemson University, et al.


June 7, 1979.

Per Curiam:

This action was brought by David Vincent Duncan, II, Executor of the Estate of Eunice Andrea Baswell, for the purpose of asking the court to construe three provisions of her will. The individual defendants who conceivably may take under the will, or in case of intestacy, are placed, for convenience, in two groups.

Group 1 includes those 18 persons who would inherit under the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases