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HANAHAN v. SIMPSON

No. 24617.

326 S.C. 140 (1997)

485 S.E.2d 903

Mary Elizabeth Simpson HANAHAN, Appellant, v. Kate McArver SIMPSON, Lucy Caroline Bowden Simpson Kuhne and Hazel Claire M. Efird Russo, each individually, as Personal Representatives, and as Trustees; Katharine Efird Sullivan, Individually and as Representative of the Descendants, known and unknown, born and unborn, of Mary Elizabeth Simpson Hanahan; John A. Kuhne, Jr., Individually and as Representative of the Descendants, known and unknown, born and unborn, of Lucy Caroline Bowden Simpson Kuhne; William D.S. Kuhne; Lucy Caroline B. Kuhne; and Willou Bichel, Respondents. Kate McArver SIMPSON, Lucy Bowden Simpson Kuhne, Individually and as Personal Representatives and as Trustees, and Hazel Claire M. Efird Russo, as Personal Representative and as Trustee, Third-Party Plaintiffs, v. Mary Elizabeth Simpson HANAHAN; John A. Kuhne, Jr., Individually and as Representative of the Descendants, known and unknown, born and unborn, of Lucy Caroline Bowden Simpson Kuhne; William D.S. Kuhne; Lucy Caroline B. Kuhne; John A. Kuhne, individually; Willou Bichel, individually, and as Trustee of The Simpson Foundation and Nell Rice, Frances Dudley, Wilma Johnson, Claire E. Russo, and J.A. Kuhne, as all members of the Board of Advisors to the Simpson Foundation, Third-Party Defendants. In the Matter of ESTATE OF William Henry Belk SIMPSON and the Alleged Will of William Henry Belk Simpson Dated December 23, 1987, and Prior Submitted Wills.

Supreme Court of South Carolina.

Decided May 12, 1997.

Rehearing Denied June 19, 1997.

Attorney(s) appearing for the Case

Thomas H. Pope, III and Gary T. Pope, both of Pope and Hudgens, Newberry; Adele Jeffords Pope, Columbia; Jay Bender, of Baker, Barwick, Ravenel and Bender, Columbia; Thomas S. Tisdale, Jr., and Timothy W. Bouch, both of Young, Clement, Rivers and Tisdale, Charleston, for appellant.

R. David Massey, Chris B. Roberts and Arnold L. Ashley, all of Brown, Massey, Evans and McLeod, Greenville; and John A. Hagins, Jr., of Covington, Patrick, Hagins and Lewis, Greenville, for respondents Kate M. Simpson, Lucy Kuhne and Hazel Russo, as personal representatives, etc.

Elizabeth Van Doren Gray, of Glenn, Murphy, Gray and Stepp, Columbia, for Respondent Hazel Claire Russo and Katharine Efird Sullivan.

Jefferson V. Smith, Jr., and S. Brook Fowler, both of Carter, Smith, Merriam, Rogers and Traxler, Greer, for Respondents John Kuhne, Jr., William Kuhne and Lucy C. Kuhne.

G. Dewey Oxner, Jr., of Haynsworth, Marion, McKay and Geurard, Greenville, for Respondent Kate McArver Simpson, individually.

WALLER, Justice:

This is a will contest over the $48 million dollar estate of the late William Henry Belk Simpson (decedent/Simpson). Simpson's daughter, Mary Elizabeth Simpson Hanahan (Hanahan) challenged his will on grounds of undue influence, lack of testamentary capacity, fraud and mistake. After a jury trial, the will was upheld, and Hanahan was assessed sanctions under the South Carolina Frivolous Proceedings Act, S.C.Code Ann. § 15-36-10 et seq. (Supp...

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