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South Carolina
Judicial Department
Court of Appeals Published Opinions - Week of 05/20/2019
5-22-2019 - Opinions

5651 - The Estate of James Brown
In this estate controversy, we must decide whether some of the beneficiaries (the Probate Code defines them as "successors") under a Will can agree to settle an action they brought to contest the Will and the accompanying Estate plan without the consent of all the beneficiaries. We hold that, under the unique circumstances of this case, they can because the settlement neither binds the non settling beneficiaries nor changes the Will or the Estate plan.