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BROWN v. DRAKE

21298

275 S.C. 299 (1980)

270 S.E.2d 130

Georgia D. BROWN, Shelbra D. Freeman and Ila Drake Vassar, Respondents, v. Harris C. DRAKE, Henry B. Drake, Helen D. Chapman Louise D. Burgess, Charlotte D. Stone, Guy E. Drake, William Drake and Margaret Davis Drake, Appellants.

Supreme Court of South Carolina.

September 10, 1980.

Attorney(s) appearing for the Case

William L. Watkins of Watkins, Vandiver, Kirven, Gable & Gray, and F. Smith Pruitt of Allen, Pruit & Eakes, Anderson, for appellants.

Harold R. Lowery and Associates, Anderson, for respondents.

September 10, 1980.

LITTLEJOHN, Justice:

This action for partition of land brings into issue construction of the will of R.A. Drake, Jr. (testator). The question is whether a provision of his will is against public policy. The trial court held the provision void. We reverse.

The testator was twice married. His first wife was Rosa Campbell Drake and to this marriage, which ended in divorce prior to December 9, 1935, were born eight children.

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