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HOLCOMBE-BURDETTE v. BANK OF AMERICA

No. 4180.

371 S.C. 648 (2006)

640 S.E.2d 480

Donna L. HOLCOMBE-BURDETTE, as Personal Representative of the Estate of Charles A. Burdette, Appellant, v. BANK OF AMERICA, successor by merger to Farmer's Bank of Simpsonville, and Bertha B. Bozeman, as Co-Trustees of Trust, Bernie W. Burdette, Helen B. Peters, Bertha B. Bozeman, Individually, Robert McPherson Burdette, Alice Diane Kervin, and George Benjamin Peters, Respondents. In re Last Will and Testament of Bennie W. Burdette.

Court of Appeals of South Carolina.

Decided November 27, 2006.

Rehearing Denied January 29, 2007.

Attorney(s) appearing for the Case

James B. Drennan, III, of Spartanburg, for Appellant.

Bertha Bozeman, of Lexington and Laurel R.S. Blair and R. O'Neil Rabon, Jr., both of Greenville, for Respondents.

ANDERSON, J.:

Donna L. Holcome-Burdette, as the personal representative of the estate of Charles A. Burdette (Personal Representative), appeals the circuit court's order affirming the order of the probate court finding the testamentary trust (Trust) contained in the last will and testament (Will) of Bennie W. Burdette (Testator) requires a devisee to be living at the time the trust terminates in order to inherit trust assets...

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