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BEATTIE v. J.M. TULL FOUNDATION

No. 2:96-1940-18.

941 F.Supp. 57 (1996)

Franklin D. BEATTIE, Trustee, Julia Tull Walker Trust FBO Myra H. Walker, Plaintiff, v. J.M. TULL FOUNDATION, Defendant.

United States District Court, D. South Carolina, Charleston Division.

October 11, 1996.

Attorney(s) appearing for the Case

William W. Doar, Jr., Georgetown, SC, Robert G. Howe, Richard S. Rosen, Gedney M. Howe, III, Charleston, SC, for plaintiff.

Michael Molony, Edward D. Buckley, Jr., Charleston, SC, Jay D. Bennett, Atlanta, GA, for defendant.

ORDER

NORTON, District Judge.

This action is before the court pursuant to Plaintiff's Motion to Remand.

I. Background

Plaintiff is the trustee of a testamentary trust. Defendant is the remainder beneficiary of the trust. In May of 1966, the executor for the will which created the trust filed a petition in the Court of Common Pleas seeking an interpretation of the will to determine if a charitable deduction for estate purposes would be permissible...

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