PATE v. FORD

0935

293 S.C. 268 (1987)

360 S.E.2d 145

William W. PATE, Jr., Individually and as Executor and Trustee under the Will of Alethea Fennell Pate, Appellant/Respondent, v. Stella Pate FORD, Wallace Fennell Pate, Jr., Dorothy Pate Bridgers, Alethea Beckham Pate, and John McDonald Pate, each individually as the living grandchildren of Alethea Fennell Pate; Jack H. Mitchell, III, as Guardian ad Litem representing a class composed of all unborn children of William W. Pate, Jr.; Stuart G. Anderson, Jr., as Guardian ad Litem representing a class composed of all unborn children of Wallace F. Pate; Ben G. Leaphart as Guardian ad Litem representing a class composed of Francis Bell Ford, III, and William Pate Ford, minors under the age of 14 years, individually and as representatives of a class composed of unborn great-grandchildren of Alethea Fennell Pate, Deceased, by Wallace Pate; and James M. Allison as Guardian ad Litem representing a class composed of unborn great-grandchildren of Alethea Fennell Pate, Deceased, by William W. Pate, Jr., Defendants, of whom all are Respondents/Appellants, except Stella Pate Ford, Wallace Fennell Pate, Jr., Dorothy Pate Bridgers, Alethea Beckham Pate, and John McDonald Pate, who are Respondents; and William W. PATE, Jr., Individually and as Co-Executor and Co-Trustee under the Will of W.W. Pate, Appellant/Respondent, v. Wallace F. PATE, Individually and as Co-Executor and Co-Trustee under the Will of W.W. Pate; Stella Pate Ford, Wallace Fennell Pate, Jr., Dorothy Pate Bridgers, Alethea Beckham Pate, and John McDonald Pate, each individually as the living grandchildren of W.W. Pate; Jack H. Mitchell, III, as Guardian ad Litem representing a class composed of all unborn children of William W. Pate, Jr.; Stuart G. Anderson, Jr., as Guardian ad Litem representing a class composed of all unborn children of Wallace F. Pate; and Ben G. Leaphart, as Guardian ad Litem representing a class composed of Francis Bell Ford, III, and William Pate Ford, minors under the age of 14 years, individually and as representatives of a class composed of all unborn great-grandchildren of W.W. Pate, Deceased, by Wallace Pate; and James M. Allison as Guardian ad Litem representing a class composed of unborn great-grandchildren of W.W. Pate, Deceased, by William W. Pate, Jr., Defendants, of whom all are, Respondents/Appellants, except Wallace F. Pate, individually and as Co-Executor and Co-Trustee under the Will of W. W. Pate; Stella Pate Ford, Wallace Fennell Pate, Jr., Dorothy Pate Bridgers, Alethea Beckham Pate, and John McDonald Pate, Respondents.

Court of Appeals of South Carolina.

Reheard June 23, 1987.

Decided July 27, 1987.


Attorney(s) appearing for the Case

James R. Gilreath, Vance B. Drawdy and Michael A. Ferry, of Horton, Drawdy, Ward & Johnson, P.A., Greenville, for appellant-respondent.

R. David Massey and C. Vincent Brown, of Brown & Hagins, P.A., Greenville, and C. Claymon Grimes, Jr., of Grimes, Grimes & Lumpkin, Georgetown, for respondents-appellants.

Jack H. Mitchell, III, of Mitchell & Ariail, Stuart G. Anderson, Jr., of Anderson & Fayssoux, Ben G. Leaphart, of Love, Thornton, Arnold & Thomason, and James M. Allison, of Mauldin & Allison, Greenville, Guardians ad Litem.


Heard Nov. 12, 1986.

Reheard June 23, 1987.

Decided July 27, 1987.

BELL, Judge:

William W. (Billy) Pate, Jr., one of two sons of William W. Pate, Sr., and Alethea Fennell Pate, commenced separate actions as executor and trustee under the Wills of his parents to have the Wills construed. The defendants are Billy's brother, Wallace Fennell Pate, the five living grandchildren of Mr. and Mrs. Pate, and various guardians ad litem representing the...

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