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BRAILSFORD v. BRAILSFORD

No. 4456.

380 S.C. 443 (2008)

669 S.E.2d 342

Donna F. BRAILSFORD, Individually and as Personal Representative and Trustee under the Will of William M. Brailsford, Deceased, and Kelly T. Brailsford, an Incapacitated Person by her Guardian ad Litem, Plaintiffs, Of Whom Donna F. Brailsford, Individually and as Personal Representative and Trustee under the Will of William M. Brailsford, Deceased is the Appellant, v. John F. BRAILSFORD, Jr., Individually and as Personal Representative and Trustee, and Marjorie B. Nickel, and Elizabeth B. Davis, as Trustees, Respondents.

Court of Appeals of South Carolina.

Decided November 14, 2008.

Attorney(s) appearing for the Case

Adele Jeffords Pope, of Columbia, for Appellant.

Henry W. Brown, of Columbia, for Respondents.

Pope D. Johnson, III, of Columbia, for Guardian Ad Litem.

THOMAS, J.:

Donna Brailsford (Donna), in her individual and representative capacities, appeals the trial court's Order Granting Summary Judgment and Dismissing Causes of Action, arguing (1) her cause of action on behalf of the estate of William M. Brailsford (William) for fraud survived William's death; and (2) in the alternative, the trial judge lacked authority to issue the Order after engaging in allegedly inappropriate ex parte communication with opposing counsel...

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