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ABERNATHY v. LATHAM

No. 3334.

345 S.C. 106 (2001)

545 S.E.2d 848

Susan ABERNATHY, Becky Mullinax, Roger Mullinax and Vic Mullinax, Respondents, v. Virginia Dunn LATHAM, Individually and as Personal Representative of the Estate of Annie G. Hopkins, Appellant.

Court of Appeals of South Carolina.

Decided April 23, 2001.

Attorney(s) appearing for the Case

Harold P. Threlkeld, of Anderson, for appellant.

William N. Epps, Jr., of Epps & Stathakis, of Anderson, for respondents.

CURETON, Judge:

The respondents filed this action seeking an accounting and the surrender of certificate of deposit accounts, opened on behalf of Annie G. Hopkins (decedent), which Virginia Dunn Latham claimed by right of survivorship. The trial court granted the respondents' request, finding the funds passed under the residuary clause of Hopkins' will. Latham appeals. We reverse.

FACTS & PROCEDURAL BACKGROUND

Between 1984 and 1986,

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