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WILSON v. McGUIRE

No. 2402.

463 S.E.2d 614 (1995)

Edna WILSON, Dorothy Berlin, Helen Maw, Calvin James, Becky James, Tina James, Robert James and Tim James, Respondents, v. Ruth McGUIRE, Harold James, Individually and as Personal Representative of Clyde James, and Marion James, Appellants.

Court of Appeals of South Carolina.

Filed October 30, 1995.

Attorney(s) appearing for the Case

Felix L. Finley, Jr., and George F. Townes, The Finley Law Firm, Pickens; and Hal J. Warlick, Easley, for appellants.

David B. Greene; and Stuart G. Anderson, Jr., Greenville, for respondents.

CURETON, Judge.

Respondents, heirs of Raymond James (the decedent), brought this action against three other heirs, the appellants, alleging property devised to them by the decedent was incapable of in-kind partition, and requested an order for the sale of the property. The trial judge ordered the property sold. We reverse and remand.

The decedent owned a 137 acre tract of land in Pickens County, South Carolina. Before his death, he deeded two one acre tracts...

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