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AMERICAN HEART ASS'N v. CTY. OF GREENVILLE

No. 24685.

331 S.C. 498 (1997)

489 S.E.2d 921

AMERICAN HEART ASSOCIATION, South Carolina Affiliate, Inc., and the American Cancer Society, South Carolina Division, Inc., Appellants, v. COUNTY OF GREENVILLE, the Honorable C. Diane Smock, in her official capacity as the Probate Judge of Greenville County, and the State of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided September 2, 1997.

Attorney(s) appearing for the Case

D. Garrison Hill and Leo H. Hill, both of Hill Wyatt & Bannister, L.L.P., Greenville, for appellants.

County Attorney Judith S. Burk and Assistant County Attorney Jeffrey D. Wile, Greenville, for respondents County of Greenville, and the Honorable C. Diane Smock.

Attorney General Charles Molony Condon, Deputy Attorney General Treva Ashworth and Senior Assistant Attorney General Kenneth P. Woodington, Columbia, for respondent State of South Carolina.

H. Simmons Tate, Jr., of Sinkler & Boyd, P.A., Columbia and H. Bartholomew Cox, Fort Washington, Maryland, for amicus curiae petitioner The Manuscript Society.

FINNEY, Chief Justice:

Appellants commenced this action requesting a declaration that the original will and signature of "Shoeless Joe" Jackson is an asset of his estate and therefore, devised to his wife (Katie Jackson) and ultimately to appellant charities.1 Appellants are seeking ownership and possession of the tangible will. Additionally, appellants allege that respondents' claim of ownership...

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