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DUNN v. NORTH CAROLINA NATIONAL BANK

21426

276 S.C. 202 (1981)

277 S.E.2d 143

George F. DUNN, Administrator c.t.a., d.b.n., of the Estate of Evelyn Brown Dunn, Plaintiff-Appellant, v. NORTH CAROLINA NATIONAL BANK, Defendant-Appellant, and South Carolina State Board of Financial Institutions, Respondent.

Supreme Court of South Carolina.

April 7, 1981.

Attorney(s) appearing for the Case

Claude M. Epps, Jr. and Henrietta U. Golding, Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for plaintiff-appellant.

Wesley M. Walker and Michael J. Giese, Leatherwood, Walker, Todd & Mann, Greenville, for defendant-appellant.

Charles W. Knowlton, John H. Lumpkin, Jr. and Daryl L. Williams, Boyd, Knowlton, Tate & Finlay and Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen., Richard B. Kale, Columbia, for respondent.

April 7, 1981.

LEWIS, Chief Justice:

This appeal concerns the constitutionality of certain provisions of Section 21-29-40, South Carolina Code (1976), which prohibits a foreign corporation that is domiciled or licensed to do business in a state contiguous to the state of South Carolina from performing as a testamentary trustee. We find that the statutory scheme offends the provisions of our State Constitution and reverse.

In 1973, Mrs. Dunn and her...

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