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RUSHTON v. LOTT

No. 2815.

330 S.C. 418 (1998)

499 S.E.2d 222

Claude M. RUSHTON, Appellant, v. Cindy LOTT, Individually and as Personal Representative of the Estate of Jean C. Rushton, Dianne Breach, and American United Life Insurance Company, Respondents.

Court of Appeals of South Carolina.

Decided March 23, 1998.

Rehearing Denied April 23, 1998.

Attorney(s) appearing for the Case

J.P. Anderson, Jr., of Nicholson & Anderson, Greenwood, for appellant.

Jim Long, Indianapolis; and Judson Ayers and Wm. Chad Bettis, both of Ayers & Smithdeal, Greenwood, for respondents.

HOWELL, Chief Judge:

Claude Rushton brought this action against Jean Rushton's estate, Jean's daughters Cindy Lott and Dianne Bresch, and Cindy Lott as personal representative of Jean's estate (collectively Respondents). Claude sought to collect all the proceeds of his estranged wife's, Jean C. Rushton's, annuity. The trial court found that in a separation agreement with Jean, Claude contracted away all rights of ownership or possession in the annuity. Claude appeals...

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