IN RE ESTATE OF BROWN

Opinion No. 5651.

427 S.C. 138 (2019)

828 S.E.2d 789

IN RE: The ESTATE OF James BROWN a/k/a James Joseph Brown The Estate of James Brown; James Brown Irrevocable Trust Agreement, u/a/d August 1, 2000, by and through its fiduciaries Russell L. Bauknight, Personal Representative and Trustee, and David C. Sojourner, Jr., Limited Special Administrator and Limited Special Trustee, Respondents, and Tonya Brown, a/k/a Sarah LaTonya Brown, Vanisha Brown, Larry Brown, Deanna J. Brown Thomas, Jason Brown Lewis, and Yamma N. Brown Lumar, individually and on behalf of her minor children, Sydney Lumar and Carrington Lumar, Respondents, and Daryl Brown and Terry Brown, Respondents below, Of whom Terry Brown is the Appellant.

Court of Appeals of South Carolina.

Filed May 22, 2019.


Attorney(s) appearing for the Case

Terry Brown, of Eastanollee, Georgia, pro se.

Louis Levenson , of Levenson & Assoc., of Atlanta, Georgia, for Respondents Vanisha Brown, Larry Brown, Deanna Brown Thomas, Jason Brown Lewis, and Yamma N. Brown Lumar; J. David Black, of Nexsen Pruet, LLC, of Columbia, for Respondent Russell L. Bauknight; Lyndey Ritz Zwingelberg and John Fisher Beach, both of Adams and Reese LLP, of Columbia, for Respondent David C. Sojourner, Jr.; Ittriss J. Jenkins, of Law Office of Ittriss J. Jenkins, of Charleston, for Respondent Tonya Brown.


In this estate controversy, we must decide whether some of the beneficiaries (the Probate Code defines them as "successors") under a Will can agree to settle an action they brought to contest the Will and the accompanying Estate plan without the consent of all the beneficiaries. We hold that,...

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