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TRUSTS AND ESTATES Young’s e-mail address is gyoungnlj.com. affirming a trial court decision, the South Carolina Court of Appeals agreed on July 21 that an illegitimate child was not entitled to take the remainder of her father’s life estate. In the Matter of the Estate of Boynton, No. 3662. Gordon Boynton died in 1954. His will left a life estate in a farm to a beneficiary and the remainder to the beneficiary’s “child or children.” When the beneficiary died, an illegitimate child was his only descendant. The probate court found the illegitimate child to be entitled to the life estate. The circuit court reversed. Applying the law as it existed in 1954, the appeals court determined that Boynton intended to leave the remainder of the life estate only to legitimate children. When the will was made, both the beneficiary and his illegitimate child were alive, yet Boynton did not refer to the illegitimate child by name. The law at that time defined the generic “child” to refer only to legitimate issue.

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