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BROOKS v. KAY

No. 25100.

339 S.C. 479 (2000)

530 S.E.2d 120

Ernest Glenn BROOKS and Morris Glenn Brooks, as Personal Representatives of the Estate of Margaret S. Brooks, Plaintiffs, v. J. Michael KAY and Buddy Lewis Brooks, Defendants. J. Michael Kay, Third-Party Plaintiff, v. Ernest Glenn Brooks, Individually, and Morris Glenn Brooks, Individually, Third-Party Defendants, of whom Ernest Glenn Brooks and Morris Glenn Brooks, Individually, and as Personal Representatives of the Estate of Margaret S. Brooks are, Petitioners, and J. Michael Kay is, Respondent.

Supreme Court of South Carolina.

Decided March 27, 2000.

Rehearing Denied May 11, 2000.

Attorney(s) appearing for the Case

Samuel M. Price, Jr., of Newberry, Robert E. Guess, of Union, and John S. Nichols, of Suggs & Kelly, of Columbia, for all for petitioners.

C. Stuart Mauney, of Gibbes, Gallivan, White & Boyd, P.A., of Greenville, for respondent.

TOAL, Acting Chief Justice:

This case is a property dispute between a deceased woman's children and a man who claims the woman deeded to him her property. The Court of Appeals upheld the transfer. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

In 1944, Margaret Brooks ("Brooks") and her husband Morris Brooks bought a little over 250 acres of land in Newberry County. They owned the property together as tenants...

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