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ESTATE OF BARR v. CARSON

1403

300 S.C. 171 (1989)

386 S.E.2d 791

ESTATE OF Charles D. BARR, Jr.: Nancy B. Carson, individually and as Co-Executrix of Will of Charles D. Barr, Jr., Respondent v. Carolyn B. CARSON, individually and as Co-Executrix of the Will of Charles D. Barr, Jr., and William R. Carson, Jr., Appellants.

Court of Appeals of South Carolina.

Decided October 30, 1989.

Attorney(s) appearing for the Case

H. Hugh Rogers, of Rogers, Duncan, Fullwood & Derrick, Lexington; and Theodore B. Guerard, of Haynsworth, Marion, McKay & Guerard, Charleston, for appellants.

Thomas T. Moore and James M. Brailsford, III, both of Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, Columbia, for respondent.

Heard September 20, 1989.

Decided October 30, 1989.

SHAW, Judge:

Respondent, Nancy B. Carson, Co-Executrix of the estate of Charles D. Barr, petitioned the probate court, on behalf of the estate, for the return of 103 shares of stock from her sister and co-executrix, Carolyn B. Carson and her sister's husband, William R. Carson, Jr. The Probate Judge denied the relief. The Circuit Court reversed, ordering the return of

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