William W. PATE, Jr., Individually and as Executor and Trustee under Will of Alethea Fennell Pate, 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, 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 known as 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., of whom Stella Pate Ford, Wallace Fennell Pate, Jr., Dorothy Pate Bridgers, Alethea Beckham Pate and John McDonald Pate, each individually and as the living grandchildren of Alethea Fennell Pate are Petitioners.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard November 1, 1988.
Decided February 6, 1989.
Attorney(s) appearing for the Case
R. David Massey and C. Vincent Brown, of Brown & Hagins, P.A., Greenville, for petitioners.
James R. Gilreath, Greenville, for respondent William W. Pate, Jr., individually.
Vance B. Drawdy and Michael A. Farry, of Horton, Drawdy, Ward & Johnson, P.A., Greenville, for respondent William W. Pate, Jr., as Executor and Trustee under the will of Alethea Fennell Pate.
Jack H. Mitchell, III, of Mitchell & Ariail, Greenville, Guardian ad Litem for a class composed of all unborn children of William W. Pate, Jr.
Stuart G. Anderson, Jr., of Anderson & Fayssoux, Greenville, Guardian ad Litem for a class of all unborn children of Wallace F. Pate.
Ben G. Leaphart, of Love, Thornton, Arnold & Thomason, Greenville, Guardian ad Litem for a class of William Pate Ford and Francis Bell Ford, III, minors under the age of 14 years, individually and as representatives of a class of all unborn great-grandchildren of Alethea Fennell Pate, deceased, born out of Walter F. Pate.
James M. Allison, of Maudlin & Allison, Greenville, Guardian ad Litem representing a class of all unborn great-grandchildren of Alethea Fennell Pate, deceased, born out of William W. Pate, Jr.
Supreme Court of South Carolina.
Heard Nov. 1, 1988.
Decided Feb. 6, 1989.
HARWELL, Justice:
This case involves construction of the Will of Alethea Fennell Pate (Mrs. Pate). We granted certiorari to review the decision of the Court of Appeals in Pate v. Ford, 293 S.C. 268, 360 S.E.2d 145 (Ct. App. 1987). We reverse in part and remand in part.
FACTS
Mrs. Pate died on October 21, 1983, leaving...
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