Kelly v. Peeples

I respectfully dissent and would affirm the Order of the Circuit Court with one modification and remand.

Appellant brought this action under the Uniform Declaratory Judgment Act, S. C. Code Ann. § 15-53-30 (1976), asking the court to determine the validity of a 1972 written agreement entered into by appellant, his stepfather, and his stepfather’s wife. The trial court, sitting without a jury, found that the agreement was valid and held that the appellant was indebted to his stepfather’s estate and to his stepfather’s wife. I would affirm as modified and remand.

The factual situation giving rise…