SILVA v. SILVA

No. 2916.

333 S.C. 387 (1998)

509 S.E.2d 483

Brigitte SILVA, Appellant, v. Wendy SILVA, Respondent.

Court of Appeals of South Carolina.

Decided December 14, 1998.


Attorney(s) appearing for the Case

John P. Ford, Anne M. Bell and Terrell T. Horne, all of Bryan, Bahnmuller, Goldman & McElveen, of Sumter, for appellant.

Douglas N. Truslow, of Columbia, for respondent.


STILWELL, Judge:

Appellant Brigitte Silva, Major James A. Silva's second wife, brought this action against respondent Wendy Silva, Major Silva's third wife and widow, seeking to impose a constructive trust on the annuities paid to Wendy pursuant to Major Silva's participation in the federal Survivor Benefit Plan (SBP). After a non-jury trial, the trial court refused to impose the constructive trust. We affirm.

FACTS

Major Silva (Husband) and Brigitte...

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