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BOWLES v. BRADLEY

No. 24304

461 S.E.2d 811 (1995)

Crandall Close BOWLES, Frances Close Hart, Leroy Springs Close, Patricia Close, Elliott Springs Close, Hugh William Close, Jr., Derick Springsteen Close, and Katherine Anne Close, Respondents, v. James BRADLEY and James H. Hodges as Trustees, et al., Defendants, of whom, Brooks P. Goldsmith, Guardian ad litem, is Appellant. Crandall Close BOWLES, Frances Close Hart, Leroy Springs Close, Patricia Close, Elliott Springs Close, Hugh William Close, Jr. and Derick Springsteen Close, Respondents, v. Anne Springs CLOSE, James Bradley, Frances Close Hart, Leroy Springs Close, Patricia Close, Elliott Springs Close, Hugh William Close, Jr., and Derick Springsteen Close, as Trustees, et al., Defendants, of whom, Brooks P. Goldsmith, Guardian ad litem, is Appellant. Crandall Close BOWLES, Frances Close Hart, Leroy Springs Close, Patricia Close, Elliott Springs Close, Hugh William Close, Jr., Derick Springsteen Close, and Katherine Anne Close, Respondents, v. Anne Springs CLOSE and James Bradley as Trustees, et al., Defendants, of whom Brooks P. Goldsmith, Guardian ad litem, is Appellant.

Supreme Court of South Carolina.

Decided August 28, 1995.

Attorney(s) appearing for the Case

Brooks P. Goldsmith, Lancaster, for appellant.

James C. Hardin, III and Daniel J. Ballou, both of Kennedy, Covington, Lobdell & Hickman, Rock Hill, for respondents.

Robert K. Folks, Lancaster, guardian ad litem for respondents.

TOAL, Justice:

This case concerns the construction of the word "issue" as used in several wills and trusts executed in the 1950s and 1960s. We affirm the circuit court's holding that the term "issue" includes adopted children.

FACTS

On August 1, 1959, Elliott White Springs (Springs) created an irrevocable trust (the 1959 Trust or the trust). The terms of this trust provided that the income from the trust would be paid to an eleemosynary corporation...

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