GUARANTY BANK & TRUST COMPANY as substitute trustee under the Will of R. P. Byrd, dated January 13, 1928, Respondent
v.
R.P. BYRD, Jr., Individually and as Executor of Carrie Mae L. Byrd, Deceased, Thomas Edward Byrd, Joanne Byrd Mathers, Redden P. Byrd, III, Edward L. Young, John E. Lunn, Dusenbury, Dusenbury & McKenzie Legal Enterprises, Inc., Milton E. Grusmark, Epworth Children's Home (Epworth Orphanage), Claude V. Brown, Trustee of the George S. Byrd Lands, Pee Dee Production Credit Association, The Citizens and Southern National Bank of South Carolina, and John Doe and Mary Roe, as Minor and Unknown, Unborn, Incompetent Remaindermen Under the Will of R.P. Byrd dated January 13, 1928, and Eugene Fallon, Jr., Esquire, Representing John Doe and Mary Roe as Unknown, Unborn and Incompetent, Contingent and Unknown Remaindermen, Defendants, of whom Epworth Children's Home is Petitioner, and R.P. Byrd, Jr., Thomas Edward Byrd, Joanne Byrd Mathers, Edward L. Young, John E. Lunn, Dusenbury, Dusenbury & McKenzie, and Milton E. Grusmark, are also Respondents.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard October 9, 1986.
Decided December 29, 1986.
Attorney(s) appearing for the Case
Rudolph C. Barnes, William C. Stork, both of Barnes, Alford, Stork & Johnson; Albert L. Moses, of Lumpkin and Sherrill, Columbia; and John R. Chase, of Coleman, Aiken and Chase, Florence, for petitioner.
E.N. Zeigler, of Zeigler, McEachin & Graham, Florence, for respondent Guar. Bank and Trust Co.
Elizabeth A. Carpentier, Charles W. Knowlton, and J. Donald Dial, all of Boyd, Knowlton, Tate and Finlay, Columbia, for respondents R.P. Byrd, Jr., Thomas Edward Byrd, Joanne Byrd Mathers, Edward L. Young, John E. Lunn, Dusenbury, Dusenbury & McKenzie, and Milton E. Grusmark.
W. Reynolds Williams, Florence, for defendants Edward L. Young and John E. Lunn.
Richard G. Dusenbury; and Bernard D. Dusenbury, Florence, for defendant Dusenbury, Dusenbury & McKenzie Legal Enterprises, Inc.
Marvin P. Jackson, Jr., Florence, for defendant Claude V. Brown.
John L. McGowan and L. Franklin Elmore, Florence, for defendants Pee Dee Production Credit Ass'n and The Citizens and Southern Nat. Bank of South Carolina.
Eugene A. Fallon, Jr., Florence, for defendants John Doe and Mary Roe.
F. Lee Morgan, Jr., Florence, for defendant Eugene Fallon, Jr.
M. Glenn Odom, Florence, Guardian ad Litem for John Doe.
Supreme Court of South Carolina.
Heard Oct. 9, 1986.
Decided Dec. 29, 1986.
GREGORY, Justice:
This is an action to construe a will. Petitioner Epworth Children's Home holds a contingent remainder interest in a trust created by the will of R.P. Byrd, Sr. The Court of Appeals affirmed the trial court's finding that the remainder interest in question should pass by intestacy. Guaranty Bank and Trust Co. v. Byrd, 287 S.C...
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