TURPIN v. LOWTHER

No. 5152.

404 S.C. 581 (2013)

745 S.E.2d 397

Effie Sandra L. TURPIN, C.E. Lowther Jr., Clayton Clark Lowther, and Mitchell Saxton Lowther, individually and representing as a class of beneficiaries of the Estate of C.E. Lowther, Sr., Respondents, v. E. LeGrand LOWTHER, individually and as Personal Representative of the Estate of C.E. Lowther, Sr., and Mark Allen Lowther, as Personal Representative of the Estate of C.E. Lowther, Sr., Defendants, Of whom E. LeGrand Lowther is Appellant.

Court of Appeals of South Carolina.

Decided July 3, 2013.

Rehearing Denied July 24, 2013.


Attorney(s) appearing for the Case

H. Fred Kuhn, Jr. , Moss Kuhn & Fleming, PA, of Beaufort, for Appellant.

Harley Delleney Ruff and Carol Clayton Ruff , Ruff & Ruff, LLC, of Beaufort, and R. Thayer Rivers, Jr. , of Ridgeland, for Respondents.


FEW, C.J.

This is an action by three beneficiaries of the estate of C.E. Lowther, Sr. against a personal representative of the estate, E. LeGrand Lowther.1 They allege LeGrand breached a fiduciary duty to the beneficiaries when he did not disclose to them that he was negotiating with third parties to sell properties belonging to the estate while he was simultaneously negotiating with the beneficiaries to purchase from them those same properties...

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