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BANKERS TRUST OF S.C. v. TRUESDALE

20478

269 S.C. 191 (1977)

237 S.E.2d 45

BANKERS TRUST OF SOUTH CAROLINA (formerly State Bank and Trust Company), Executor of the Estate of L.C. Truesdale, Respondent, v. J. Pope TRUESDALE, James E. Truesdale, Jr., Individually and as Executor of the Estate of James E. Truesdale, Sr., Eve S. Truesdale, Merle Truesdale, a minor, Elizabeth T. Biggs, Earline T. Porterfield, Lewie L. Truesdale, Dorothy H. Truesdale, Beverly T. Meng, Bankers Trust of South Carolina (formerly State Bank and Trust Company), Trustee for the "Merle Truesdale Trust", under the Will of L.C. Truesdale, and Bankers Trust of South Carolina (formerly State Bank and Trust Company), Trustee under the Will of James E. Truesdale, Sr., Defendants, of whom J. Pope Truesdale and James E. Truesdale, Jr., Individually and as Executor of the Estate of James E. Truesdale, Sr., Dorothy H. Truesdale, and Beverly T. Meng are, Appellants.

Supreme Court of South Carolina.

August 3, 1977.

Attorney(s) appearing for the Case

Francis P. Mood, of Boyd, Knowlton, Tate and Finlay, Columbia, the Appellants, James E. Truesdale, Jr., et al., and J. Means McFadden, of Robinson, McFadden, Moore and Pope, for Appellant, J. Pope Truesdale.

Michael H. Quinn, of Quinn and Smith, Columbia, for Respondent, Bankers Trust of S.C.

J. Carlisle Oxner, Jr., of Columbia, for Respondent, Merle Truesdale.

John T. Sloan, Columbia, for Respondent.

August 3, 1977.

LITTLEJOHN, Justice:

The plaintiff, Bankers Trust of South Carolina (formerly State Bank and Trust Company), as Executor of the Estate of L.C. Truesdale, commenced this action pursuant to the Uniform Declaratory Judgment Act, § 10-2001, et seq., Code of Laws of South Carolina (1962), seeking a declaration of the rights and interests of the parties named in the last will and testament of...

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