Bennett v. Estate of James Kelly King

Summary

The South Carolina Supreme Court reversed the Court of Appeals, holding that Section 10.6 of the testatrix’s will governs the residuary estate and gives the personal representatives authority to distribute those assets without beneficiary consent or pro‑rata allocation, and that the probate court’s finding of a breach of fiduciary duty was unsupported. The case was remanded for the probate court to approve the proposed distribution.