ALLEY v. STRICKLAND

21920

279 S.C. 126 (1983)

302 S.E.2d 366

Carl E. ALLEY, Respondent, v. Mildred C. STRICKLAND, Marcus Lee Strickland, Henry L. Strickland, Lavada S. Strickland, Fred Sutherland, James Sutherland, Eva Reid, Willie Ruth Lawson, Venita Bailey, Lucille S. Loftis, Danny Loftis, Susan Loftis, Angela Loftis, Jackie Shirley, Linda Carey, Willie Moore, Jimmie Moore, Eva Poole, Eleanor Harrison, Bennie Moore, Jesse Moore, and all children and grandchildren of S.L. Strickland, individually, and as representatives of the classes to which they belong as possible heirs of S.L. Strickland, and all persons entitled to claim under and through them or any of them known and unknown, in esse and unborn; also, all other persons unknown claiming any right, title, interest in or lien upon the real estate described in the Complaint herein; any unknown adults being a class designated as Joe Doe and any unknown minors who are fourteen (14) years of age or over or persons under a disability or persons in military service being a class designated as Richard Roe, and any unknown infants who are under fourteen (14) years of age or persons under a disability being as a class designated as Jack Pie, of whom Henry L. Strickland, Fred Sutherland, James Sutherland, Eva Reid, Willie Ruth Lawson, Lucille S. Loftis and Willie Moore are, Appellants.

Supreme Court of South Carolina.

May 9, 1983.


Attorney(s) appearing for the Case

Marvin R. Watson, of Greenwood and J. Kendall Few, Greenville, for appellants.

Robert L. Waldrep, Jr., Anderson, for respondent.


May 9, 1983.

Per Curiam:

This case involves the construction of a will. The testator, S.L. Strickland, died in 1946 leaving successive life estates in a parcel of land to his wife and upon her death to his son, S.A. Strickland. The remainder was left to the "heirs" of the son. The lower court held the son adopted by S.A. Strickland in 1952 was an "heir" and was therefore entitled to a portion of the remainder. We agree and affirm.

The sole issue...

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