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CARMICHAEL v. HEGGIE

No. 2886.

332 S.C. 624 (1998)

506 S.E.2d 308

In Re M.B. CARMICHAEL, Plaintiff, v. Jane HEGGIE, Defendant. Ex Parte Jane B. HEGGIE, Respondent, v. The Heirs at Law, devisees or distributees of William Boyd Carmichael, deceased; Doris W. Carmichael, a/k/a Doris Wiggins Carmichael; M.B. Carmichael, a/k/a Milton B. Carmichael; Mark Aaron Carmichael, a minor over fourteen (14) years; Daniel Scott Carmichael, a minor under the age of fourteen (14) years; any and all unknown owners or heirs as parties or devisees or distributees of William Boyd Carmichael, deceased; all other persons unknown claiming any right, title or interest in or lien upon the real property described in the Third-Party Complaint herein; any unknown adults being as a class designated as John Doe; and any unknown minors or persons under other legal disability or persons serving in the military having or claiming to have any right, title, interest or lien upon or to the subject property as a class designated as Richard Roe, Of Whom Doris W. CARMICHAEL is the Appellant.

Court of Appeals of South Carolina.

Decided September 28, 1998.

Attorney(s) appearing for the Case

Marvin P. Jackson, Florence, for appellant.

Carl A. Ellsworth, of Seigler, Earle & Ellsworth, Columbia, for respondent.

Guardian Ad Litem: John D. McInnis, Jr., Dillon.

Lois Eargle McMillan, of Law Offices of Daniel H. Shine, Dillon, for Guardian Ad Litem John D. McInnis, Jr.

GOOLSBY, Judge:

Doris Carmichael appeals a determination by the trial court that she cannot presently exercise a power of appointment to convey a fee simple interest in a tract of farm land to her son. We affirm.1

Facts and Procedural Background

In his last will and testament, William Boyd Carmichael named his wife Doris executor of his estate and gave her a life estate in his undivided half-interest in an eighty-acre...

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