FIRST UNION NAT. BANK OF S.C. v. SODEN

No. 2900.

333 S.C. 554 (1998)

511 S.E.2d 372

FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, as Successor Trustee under Trust Agreement dated November 30, 1973, under Agreement with Josephine B. Clary, as Settlor, Respondent/Respondent/Appellant, v. Margaret Ann SODEN, Nancy Pierce Cashwell, Deborah Karen Walters Smith, Barbara Nightingale Walters Migaleddi, Patricia Lanning Walters and Joseph Herschel Pierce, Defendants, of whom Margaret Ann Soden, Deborah Karen Walters Smith, Barbara Nightingale Walters Migaleddi, Patricia Lanning Walters and Joseph Herschel Pierce are Respondents/Appellants/Respondents, and Nancy Pierce Cashwell is Appellant/Respondent/Respondent. First Union National Bank of South Carolina, as Successor Trustee under Trust Agreement dated November 30, 1973, under Agreement with Joseph Clary, as Settlor, Respondent/Respondent/Appellant, v. Joseph Herschel Pierce and Nancy Pierce (formerly Cashwell), Third-Party Defendants, of whom Nancy Pierce (formerly Cashwell) is Appellant/Respondent/Respondent.

Court of Appeals of South Carolina.

Decided November 16, 1998.


Attorney(s) appearing for the Case

Nancy H. Pierce, pro se of Wisconsin, appellant/respondent/respondent.

David M. Yokel and Charles D. Hoskins, both of Mitchell, Bouton, Duggan, Yokel & Childs, of Greenville, for respondent/appellant/respondent.

R. David Massey and Chris B. Roberts, both of Brown, Massey, Evans & McLeod, of Greenville, for respondent/respondent/appellant.


HUFF, Judge:

This case involves the rights and claims of parties to the Josephine Clary trust which, by its terms, was to terminate upon the income beneficiary's death or remarriage. Upon learning in September 1992 that Joseph Pierce (hereinafter Joseph), the income beneficiary, had allegedly remarried in 1984, First Union National Bank, as successor trustee, brought this action in probate court seeking guidance as to the proper course of action relative to the distribution...

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