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ESTATE OF LIVINGSTON v. LIVINGSTON

No. 5078.

404 S.C. 137 (2013)

744 S.E.2d 203

In re ESTATE OF Atn Burns LIVINGSTON, Emma Lou Livingston Martin as Personal Representative of the Estate of Atn Burns Livingston, and Emma Lou Livingston Martin, Respondents/Appellants, v. Clyde B. LIVINGSTON; Miller Communications, Inc.; Citibank South Dakota, N.A.; Branch Banking and Trust Company of South Carolina; and American First Federal, Inc., Defendants, Of whom Clyde B. Livingston is, Appellant/Respondent.

Court of Appeals of South Carolina.

Heard December 11, 2012.

Rehearing Denied June 12, 2013.

Attorney(s) appearing for the Case

Andrew S. Radeker , of Harrison and Radeker , P.A., of Columbia, for Appellant/Respondent.

Richard B. Ness , of Ness and Jett, LLC, of Bamberg, for Respondents/Appellants.

KONDUROS, J.

In this cross-appeal, the parties dispute the master's findings concerning farmland in North, South Carolina, devised in a will. Clyde Livingston argues the master erred in concluding (1) the United States Department of Agriculture (the USDA) benefits were estate property and (2) the statute of limitations did not bar Emma Livingston Martin's claim to collect repayment of those benefits. Emma, both personally and on behalf of the estate, contends the...

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