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IN RE ELEANOR MCCARTHY LENAHAN TRUST

Opinion No. 5689.

428 S.C. 598 (2019)

836 S.E.2d 793

IN RE: ELEANOR MCCARTHY LENAHAN TRUST UNDER AGREEMENT DATED JULY 12, 2001. Kathleen Suzanne Heslin and Maureen Theresa Moseley, in their capacities as Co-trustees of the Eleanor McCarthy Lenahan Trust under agreement dated July 12, 2001, Appellants, v. Mary Kathleen Lenahan, individually and in her capacity as Trustee of the Art. X(35)MKL Trust Share UAD 071201, Jean Marie Qualliu, Joan Eleanor DeMaio, and Christine Ann Lenahan, Defendants, Of Whom Mary Kathleen Lenahan and Jean Marie Qualliu are Respondents.

Court of Appeals of South Carolina.

Filed October 30, 2019.

Attorney(s) appearing for the Case

Douglas S. Delaney , of Delaney Law Firm, PA, of Bluffton, and Sean Michael Bolchoz , of Bolchoz Law Firm, PA, of Hilton Head Island, both for Appellants.

Kelly MacPherson Jolley and Ariail Burnside Kirk , both of Jolley Law Group, LLC, of Columbia, for Respondents.

This appeal turns on whether a trust beneficiary's filing of a complaint with the South Carolina Office of Disciplinary Counsel (ODC) against a lawyer for the trustees of the trust triggers (1) the no-contest clause in the trust and (2) a hold harmless and indemnity clause contained in a settlement agreement arising out of a dispute over...

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