First Union National Bank v. Cisa

Finney, Justice:

Appellants commenced this action seeking a declaratory judgment with respect to the application of South Carolina law upon John M. O’Dowd’s Last Will and Testament and the residuary trust. S. C. Code Ann. § 15-53-10, et seq. (1976). Specifically, appellants ask this Court to determine whether, under the will of John M. O’Dowd (Mr. O’Dowd) and South Carolina law, Mrs. Elizabeth A. O’Dowd (Mrs. O’Dowd) had the power to participate in decisions to distribute residuary trust income or principal to herself. The trial court held that Mrs. O’Dowd was prohibited by the common law of…