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TRULUCK v. SNYDER

No. 3899.

362 S.C. 108 (2004)

606 S.E.2d 792

James P. TRULUCK, Jr., Ethel N. King, Bobbie Jean Truluck, Hazel Ann Simril Childers, Mark Davis Simril, Bryan Scott Simril, Michael Andrew Simril, J.S. Bourne as Personal Representative of the Estate of Elizabeth Ashford, and J.S. Bourne Individually, Petitioners, of whom James P. Truluck, Jr., Ethel N. King, Bobbie Jean Truluck, Hazel Ann Simril Childers, Mark Davis Simril, Bryan Scott Simril and Michael Andrew Simril are Respondents, and J.S. Bourne as Personal Representative of the Estate of Elizabeth Ashford, and J.S. Bourne, Individually is Appellant, v. Carol S. SNYDER as Personal Representative of the Estate of Mason D. Nesmith, and Carol S. Snyder Individually, Respondent. James P. Truluck, Jr., Ethel N. King, Bobbie Jean Truluck, Hazel Ann Simril Childers, Mark Davis Simril, Bryan Scott Simril, Michael Andrew Simril, J.S. Bourne as Personal Representative of the Estate of Elizabeth Ashford, and J.S. Bourne Individually, Petitioners, of whom James P. Truluck, Jr., Ethel N. King, Bobbie Jean Truluck, Hazel Ann Simril Childers, Mark Davis Simril, Bryan Scott Simril and Michael Andrew Simril are Respondents, and J.S. Bourne as Personal Representative of the Estate of Elizabeth Ashford, and J.S. Bourne, Individually is Appellant, v. Carol S. Snyder as Personal Representative of the Estate of Mason D. Nesmith, and Carol S. Snyder Individually, Respondent.

Court of Appeals of South Carolina.

Decided December 6, 2004.

Attorney(s) appearing for the Case

Ronald Stewart Gaynor, of Pawleys Island and William S. Duncan, of Georgetown, for Appellant.

Marian Dawn Nettles, of Lake City and Otis A. Jeffcoat, III, of Myrtle Beach, for Respondent.

GOOLSBY, J.:

These combined appeals involve a demand for a jury trial in a will contest. The probate court denied the demand as well as a motion to remove the case to the circuit court. The circuit court affirmed. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Mason D. Nesmith died on April 26, 1999. On April 28, 1999, the probate court granted an application from Carol S. Snyder for informal...

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