McLEOD v. BAPTISTE

No. 23882.

433 S.E.2d 834 (1993)

Carolyn Miles McLEOD, Trustee for Lawrence B. Miles, under Will of Sallie A. Miles, Probate Court Docket No. 84-ES000025, Respondent, v. David J. BAPTISTE and Kathleen M. Baptiste, Appellants.

Supreme Court of South Carolina.

Decided July 6, 1993.


Attorney(s) appearing for the Case

W. Duvall Spruill and Jeffrey L. Payne, Columbia, for appellants.

Michael O.W. Edens, Columbia, for respondent.


FINNEY, Justice:

The dispositive issue in this case is whether respondent (trustee), the original grantor of a restrictive covenant, has standing to enforce that covenant against a remote grantee when the trust no longer owns any real property which would be benefitted by its enforcement. The trial court found that the trustee had standing, and enforced the covenant against appellants. We reverse.

The trustee held title to certain real property for her brother...

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