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SEXTON v. SEXTON

23037

298 S.C. 359 (1989)

380 S.E.2d 832

Appeal of Neely Hunter SEXTON, Sr., and Neely Hunter Sexton, Sr., as Executor of the Estate of Frieda P. Sexton, deceased. In re Janet T. SEXTON, Respondent v. Patrick B. SEXTON, Neely Hunter Sexton, Sr., and Neely Hunter Sexton, Sr., as Executor of the Estate of Frieda P. Sexton, deceased, Defendants.

Supreme Court of South Carolina.

Decided June 26, 1989.

Attorney(s) appearing for the Case

Edward K. Pritchard, III, of Sinkler & Boyd, P.A., Charleston, and Jack G. Leader, of Spencer & Spencer, P.A., Rock Hill, for appellants.

Melvin L. Roberts, of Melvin L. Roberts & Associates, York, for respondent.

Submitted April 18, 1989.

Decided June 26, 1989.

TOAL, Justice:

The sole issue in this case is whether the Family Court has subject matter jurisdiction to equitably apportion property owned by a third party. The lower court held that the Family Court has subject matter jurisdiction to determine whether the property constitutes marital property and, if so, to determine the parties' equitable rights therein. We agree.

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