FIRST-CITIZENS BANK & TRUST OF S.C. v. HUCKS

23436

305 S.C. 296 (1991)

408 S.E.2d 222

FIRST-CITIZENS BANK AND TRUST COMPANY OF SOUTH CAROLINA, as Trustee under the Will of W. Jennings Hucks, deceased, Plaintiff v. Rudene HUCKS, Jenny Hucks Thompson, Ted J. Hucks, Dennis Hucks and First-Citizens Bank and Trust Company of South Carolina as Executor under the Will of W. Jennings Hucks, deceased, Of Whom First-Citizens Bank and Trust Company of South Carolina, as Trustee under the Will of W. Jennings Hucks, deceased, and as Executor under the Will of W. Jennings Hucks, deceased, Rudene Hucks and Jenny Hucks Thompson are Respondents and Ted J. Hucks and Dennis Hucks are Appellants. Appeal of Ted J. HUCKS and Dennis Hucks.

Supreme Court of South Carolina.

Decided July 22, 1991.


Attorney(s) appearing for the Case

Clifford H. Tall, of Leiter & Tall, Myrtle Beach, for appellants.

Steven M. Anastasion, of Callison, Tighe, Robinson & Anastasion, Columbia, for respondent First-Citizens Bank and Trust Co. of South Carolina.

John P. Henry, of Thompson, Henry, Gwin, Brittain & Stevens, P.A., Conway, for respondent Rudene Hucks.


Submitted Dec. 14, 1990.

Decided July 22, 1991.

FINNEY, Justice:

Appellants Ted J. Hucks and Dennis Hucks appeal from a circuit court order referring to the master-in-equity for final adjudication by jury trial their counterclaim which involves legal issues. We reverse and remand.

This action commenced when Respondent First-Citizens Bank and Trust Company of South Carolina (First-Citizens) initiated suit for Declaratory Judgment against appellants...

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