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ABRAMS v. TEMPLETON

No. 2410.

465 S.E.2d 117 (1995)

John William ABRAMS; Wayne Carroll Glenn; Richard A. Glenn; Frank Joseph Glenn; Jane Virginia Glenn; Helen Glenn Smith; Lou Abrams; Effie Rena Abrams Bailey; Nell Abrams Plunkett; Sarah Williams Abrams; Evelyn Ramage Mahon; Albert Augustin Ramage, Jr.; Thomas Chandler Ramage; Marian P. Ramage; Walter S. Ramage; Mary McDuffie Redmond; Barbara J. O'Neal; Thomas Walter Nichols; Steven Heath Nichols, Respondents, v. Robert Allen TEMPLETON; J. Edwin Templeton; Miriam B. Templeton; Joel Stanley Templeton; Lana Darlene T. Horger; Dianna T. Fortney; Bruce R. Templeton; Edith T. Fix; Jane Madden Snyder; William Roy Madden, Jr.; Emma Lu Madden; Johnnie Goen; Dessie Shockley Ramage; Barbara Dasher Nichols; Lucy Mintz; William Pluss Brown; David E. Brown, Jr.; Frank T. Brown; Anna Ruth B. Elrod; John Doe, whose true name is unknown, representing the class of all unknowns under a legal disability or serving in the Armed Forces of the United States of America who may have or claim any right, title or interest in the property which is the subject of this action as descendants of, or heirs or devisees of the descendants, of Mary Ann Taylor Ramage, Albert Madison Ramage, Georgia Alma Ramage Templeton, or any of the above who may be deceased; and Richard Roe, whose true name is unknown, representing all unknowns as aforesaid not under legal disability, Appellants.

Court of Appeals of South Carolina.

Filed November 6, 1995.

Rehearing Denied December 20, 1995.

Attorney(s) appearing for the Case

W. Paul Culbertson and J. Michael Turner, Culbertson, Whitesides, Turner, and Able, Laurens, for appellant.

W. Reid Cox, Jr., Cox & Ferguson, Laurens, for respondent.

HEARN, Judge.

This case involves the construction of a 1914 will which violates the rule against perpetuities. Pursuant to S.C.Code Ann. § 27-6-60(B) (1991), the trial judge inserted a savings clause into a provision of the will to prevent a forfeiture. We affirm as modified.

The testator, Mary Ann Taylor Ramage, executed her will in 1914 and died in 1915. She was survived by her husband Frank, a son Albert, and various grandchildren.

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