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KELLY v. McCRAY

21721

278 S.C. 88 (1982)

292 S.E.2d 587

Juanita L. KELLY, Executrix of the Estate of P.C. Kelly, Appellant, v. Ethel McCRAY, Ernest Beaty, Roy Beaty, Beatrice Beaty Cribb, Essie Beaty Shepard, Orena Beaty Hicklin, Emerson Beaty, Dave Carr, Sr., Dave Carr, Jr., and Mary Jane Grissette, and John Doe and Richard Roe, representing all heirs and persons unknown of J.E. Beaty and Mary Beaty, Henriette Bellamy and Lillie Black Beaty, of whom Ethel McCray is Appellant-Respondent, and Ernest Beaty, Roy Beaty, Beatrice Beaty Cribb, Essie Beaty Shepard, Orena Beaty Hicklin, Emerson Beaty, Dave Carr, Sr., Dave Carr, Jr., and Mary Jane Grissette are Respondents.

Supreme Court of South Carolina.

June 8, 1982.

Attorney(s) appearing for the Case

D.W. Green, Jr., of Burroughs, Green & Sasser, Conway, for appellant.

Franklin R. De Witt, Conway, for appellant.

John P. Henry, of Thompson, Henry & Lovelace, Conway, and H. Buck Cutts, Surfside Beach, for respondents.

June 8, 1982.

GREGORY, Justice:

This is an action in partition. Appellant-respondent Ethel McCray appeals from the order of the circuit court finding an agreement equally dividing the estate of James E. Beaty among his heirs enforceable. Appellant Kelly appeals from the order of the circuit court requiring each party to pay his own attorney. We affirm in part and reverse in part.

Appellant-respondent and the nine respondents are heirs of James E. Beaty...

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