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BOYCE-ABEL v. WORK

1670

305 S.C. 43 (1991)

406 S.E.2d 184

Olivia BOYCE-ABEL and Rebecca Boyce Work, Appellants, In re ESTATE OF Anne Tilghman BOYCE v. Rebecca Boyce WORK, Olivia Boyce-Abel, Individually and as Trustees of the Bell and Horace Tilghman, Sr., Charitable Trust, Jacqueline A. Boyce, Merrill T. Boyce, South Carolina National Bank, Trustee under the Anne Tilghman Boyce Trust for and on Behalf of Jacqueline Boyce, Rae H. Ely, Stephen J. Small and Tyson Van Auken, as Trustees under the Bell and Horace Tilghman, Sr., Charitable Trust and the South Carolina Attorney General's Office, Defendants, of whom Merrill T. Boyce and Jacqueline A. Boyce are, Respondents.

Court of Appeals of South Carolina.

Decided April 16, 1991.

Attorney(s) appearing for the Case

Charles S. Porter, Kenneth B. Wingate and Richard M. Smith, all of The McNair Law Firm, P.A., Columbia, for appellants.

Terrell L. Glenn and Elizabeth Van Doren Gray, both of Glenn, Irvin, Murphy, Gray & Stepp, Adele J. Pope and William P. Simpson, of Haynsworth, Marion, McKay & Guerard, Columbia, for respondents.

Heard Feb. 20, 1991.

Decided April 16, 1991.

GARDNER, Judge:

The probate judge of Marion County appointed Olivia Boyce-Abel and Rebecca Boyce Work as special administrators of their mother's estate. Merrill T. Boyce and Jacqueline A. Boyce, siblings of Olivia and Rebecca, appealed to the circuit court where the trial judge by the appealed order disqualified Olivia. We vacate and remand.

The probate court has exclusive, original jurisdiction...

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