ESTATE OF STEVENS v. LUTCH

No. 3993.

365 S.C. 427 (2005)

617 S.E.2d 736

In the Matter of ESTATE OF Niles STEVENS J. Jackson Thomas and Claude M. Epps, Jr., in their capacities as co-executors of the Estate of Niles Stevens and as cotrustees of the Niles Stevens Trust, Respondents, v. Laura Stevens LUTCH, Paul Stevens, II, individually, Paul Stevens, II, as parent and guardian of Sunni Stevens and Grace Stevens (who are minors), and any and all unknown and unborn heirs of Niles Stevens, of whom Paul Stevens, II, individually, and Paul Stevens, II, as parent and guardian of Sunni Stevens and Grace Stevens (who are minors) are Appellants, and Laura Stevens Lutch and any and all unknown and unborn heirs of Niles Stevens are Respondents.

Court of Appeals of South Carolina.

Decided May 23, 2005.

Rehearing Denied August 29, 2005.


Attorney(s) appearing for the Case

Clifford Heywood Tall, of Myrtle Beach, for Appellant.

Glenn V. Ohanesian, James F. McCrackin, Dominic A. Starr, J. Christopher Clark, and Mary Anna Neill, all of Myrtle Beach, for Respondents.


WILLIAMS, J.:

Paul Stevens, II, appeals a master-in-equity's decision, which declared that the trustees of the Niles Stevens Trust, of which Paul is a named beneficiary, were barred under the trust's terms from making certain discretionary payments. Specifically, the master held the trustees were prohibited from considering the educational needs of Paul's children when determining what constitutes a proper payment under the trust for Paul's "support." We reverse....

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