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Trusts & Estates — Real Property – USDA Subsidies – Statute of Limitations – First Impression – Partition (access required)

Estate of Livingston v. Livingston (Lawyers Weekly No. 010-061-15, 2 pp.) (Per Curiam) Appealed from Orangeburg County (Olin Davie Burgdorf, Master-in-Equity) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We improvidently granted certiorari to review ...

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Trusts & Estates – Tort/Negligence – Breach of Trust – Conversion – Damages (access required)

Dodson v. Roberts A trustee who failed to inventory or account for trust property, converted trust property to his own use, and engaged in conflict-of-interest transactions with trust property is liable to the beneficiaries, though the trustee’s failure to keep records makes a calculation of damages difficult for the court.

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Trusts & Estates – Pretermitted Child – Unknown to Decedent – No Inheritance (access required)

Turner v. Daniels Since decedent never learned of the existence of his daughter, he did not leave her out of his will “solely because he believes that child to be dead.” Therefore, the daughter is not entitled to share in decedent’s estate under S.C. Code Ann. § 62-2-302(b). We affirm the dismissal of the daughter’s inheritance claim.

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Trusts & Estates -Tort/Negligence – Breach of Fiduciary Duty – Real Property Sales – Damages (access required)

Turpin v. Lowther Even though the defendant-personal representative distributed the decedent’s real property to the estate beneficiaries before defendant bought the same real property back from the beneficiaries and re-sold it at a higher price, defendant breached his fiduciary duty when he learned the value of the land in his capacity as personal representative but did not relay this information to the beneficiaries

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