Russell v. Wachovia Bank, N.A.

Chief Justice TOAL:

The underlying litigation began when beneficiaries of an estate challenged the validity of a will and two trusts, alleging the documents were procured by undue influence. The trial court granted summary judgment in favor of the defendants. This Court affirmed as modified. Russell v. Wachovia Bank, 353 S.C. 208, 578 S.E.2d 329 (2003). After remittitur was issued, certain defendants moved for summary judgment, seeking to enforce no-contest clauses appearing in the will and revocable trust. The trial court denied summary judgment, ruling that the no-contest clauses were…