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HENDRIX v. HENDRIX

1385

299 S.C. 233 (1989)

383 S.E.2d 468

Elmer R. HENDRIX, a/k/a Jack Hendrix; Brunson W. Hendrix, Jr.; and Elena Hendrix, as trustees under a written inter vivos trust agreement, dated May 16, 1985, by Joel Hendrix, trustor; and Brunson W. Hendrix, Jr. and Elmer R. Hendrix, a/k/a Jack Hendrix, as executors under the will of Joel Hendrix, deceased, dated May 15, 1985, Respondents v. Brunson W. HENDRIX, III; Joel A. Hendrix, Jr.; Rhonda Renee Hendrix; Shawn D. Hendrix (a minor over the age of 14 years); Hela Ratley; Sandra Hendrix Martin Stancells; Elena Hendrix; Jewell Powell; Rita Hendrix; Carolina Amusements, Inc.; Marie H. Tolson; Chesley Tolson; Jesse J. Floyd; Al Shook; Gene Brantley; Harry Baker; Brunson W. Hendrix, Jr.; and Elmer R. Hendrix, a/k/a Jack Hendrix, Defendants, Of whom Jesse J. Floyd is the Appellant, and Rhonda Renee Hendrix is a Respondent. Appeal of Jesse J. FLOYD.

Court of Appeals of South Carolina.

Decided August 14, 1989.

Attorney(s) appearing for the Case

James B. Richardson, Jr., of Richardson & Smith, Columbia, for appellant.

George I. Alley, of Ellison, Quinn, Isaacs & Alley, Fredrick A. Gertz, of Gertz, Kastanes & Moore, both of Columbia, and Henry H. Taylor, of Kirkland, Taylor, Wilson, Moore, Allen & Deneen, West Columbia, for respondents.

Heard May 8, 1989.

Decided Aug. 14, 1989.

SHAW, Judge:

The respondents, heirs of the estate of decedent Joel Hendrix, instituted this declaratory judgment action seeking to impose a constructive trust on five pieces of property titled in the name of appellant Jesse J. Floyd. The trial judge held a constructive trust arose in the properties and held Hendrix owned a fifty percent interest in four of the properties...

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