WALKER v. BROOKS

No. 27583.

414 S.C. 343 (2015)

778 S.E.2d 477

Roger Wendell WALKER, as the Personal Representative of the Estate of Kenneth Ray Walker and individually as a surviving child and Devisee of the Decedent, Kenneth Ray Walker (d/o/d 09/20/2008), Jimmy Ray Walker, and Wilson Whitney Walker as surviving children and Devisees of the Decedent, Kenneth Ray Walker, who died testate on 09/20/2008, Petitioners, v. Catherine W. BROOKS, Respondent.

Supreme Court of South Carolina.

Decided October 28, 2015.


Attorney(s) appearing for the Case

Gregory S. Forman , of Gregory S. Forman, PC, of Charleston, for petitioners.

Everett H. Garner and Benjamin A. Dunn, II , both of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for respondent.


In this familial dispute over property, it is uncontradicted that Kenneth Walker (Decedent) deeded to his sister, Catherine Brooks, approximately forty acres of property in two separate transfers before his death. The question is whether the property was deeded to Brooks freely, or subject to an equitable mortgage which would require...

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