Guaranty Bank & Trust Co. v. Byrd

Gregory, Justice:

This is an action to construe a will. Petitioner Epworth Children’s Home holds a contingent remainder interest in a trust created by the will of R. P. Byrd, Sr. The Court of Appeals affirmed the trial court’s finding that the re*189mainder interest in question should pass by intestacy. Guaranty Bank and Trust Co. v. Byrd, 287 S. C. 96, 337 S. E. (2d) 231 (Ct. App.1985). We disagree.

R. P. Byrd, Sr., died testate in 1928. His will established a lifetime trust for each of his two sons, George and R. P., Jr. George died childless in 1981 survived only by his wife and his brother, R.…