GUARANTY BANK & TRUST CO. v. R.P. BYRD

0556

287 S.C. 96 (1985)

337 S.E.2d 231

GUARANTY BANK AND TRUST COMPANY as Substitute Trustee Under the Will of R. P. Byrd, Dated January 13, 1928, Respondent, v. R.P. BYRD, Jr., Individually and as Executor of Carrie Mae L. Byrd, Thomas Edward Byrd, Joanne Byrd Mathers, Redden P. Byrd, III, Edward L. Young, John E. Lunn, Dusenbury, Dusenbury & McKenzie Legal Enterprises, Inc., Milton E. Grusmark, Epworth Children's Home (Epworth Orphanage), Claude V. Brown, Trustee of the George S. Byrd Lands, Pee Dee Production Credit Association, The Citizens and Southern National Bank of South Carolina, and John Doe and Mary Roe, as Minor and Unknown, Unborn, Incompetent Remaindermen Under the Will of R.P. Byrd dated January 13, 1928, and Eugene Fallon, Jr., Esquire, Representing John Doe and Mary Roe as Unknown, Unborn and Incompetent, Contingent and Unknown Remaindermen, Defendants, of whom Epworth Children's Home is, Appellant. Appeal of EPWORTH CHILDREN'S HOME.

Court of Appeals of South Carolina.

Decided October 1, 1985.


Attorney(s) appearing for the Case

John R. Chase of Coleman, Aiken & Chase, Florence, for appellant.

E.N. Zeigler of Zeigler, McEachin & Graham, Florence, for respondent.

Richard G. Dusenbury, Bernard D. Dusenbury, Marvin P. Jackson, Jr., Eugene A. Fallon, Jr., John L. McGowan, L. Franklin Elmore, M. Glenn Odom, E. Lee Morgan, Jr., and W. Reynolds Williams, Florence, and Charles W. Knowlton, J. Donald Dial, and Elizabeth A. Carpentier, Columbia, for defendants.


Heard May 28, 1985.

Decided Oct. 1, 1985.

GOOLSBY, Judge:

Epworth Children's Home appeals from an order construing the will of R.P. Byrd, Sr., in favor of the testator's son, R.P. Byrd, Jr. The questions involved are whether Epworth or R.P., Jr., is entitled to the remainder interest in a trust established by R.P., Sr., for his other son, George S. Byrd and whether R.P., Jr., is collaterally estopped from litigating...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases