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155
C
ASE: 20
ISSUE BEFORE THE COURT
Whether a person's will is the personal property of the estate and is owned
by the beneficiaries of the estate.
THE FACTS
You Be the Judge!
You Be the Judge!
There can be substantial
costs involved in
probating an estate.
Although fees vary,
executor and attorney
fees range from 2 to 4
percent of the assets
subject to probate.
Baseball legend Shoeless Joe Jackson's signature is among the most
valuable in the world--so rare that the American Cancer Society and
American Heart Association sued the County of Greenville and State
of South Carolina for possession of his Last Will and Testament. At
the time of this lawsuit in 1997, the charities, bene ciaries of Jackson's
estate, hoped to auction it for more than $100,000.
Jackson was one of the greatest baseball players in the early 1900s
with a .356 batting average. He was a controversial subject, however,
because Jackson was expelled from baseball with seven Chicago White
Sox teammates for allegedly accepting gamblers' bribes and throwing
the 1919 World Series. e scheme became known as the "Black Sox"
scandal. Jackson could not be elected to the Baseball Hall of Fame
because of his expulsion.
Although Jackson admitted to the team attorney to taking
$5,000 of a $20,000 bribe, the facts surrounding the confession
were considered controversial. Allegedly, to get Jackson to admit
his role in the scandal, the team lawyer poured large amounts of
whiskey down Jackson's throat. e other seven players implicated
in the scandal con rmed that Jackson was never at any of the
meetings. One player, Williams, said that they only mentioned
Jackson's name to give their plot more credibility. Jackson himself
recanted his confession and swore innocence until the day of his
death. e movies "Field of Dreams" and "Eight Men Out" helped
elevate him to an American Legend.
Jackson died in 1951 in Greenville. Upon his death his Last Will
and Testament was led in the Greenville County Probate Court. His
wife, Katie, upon her death in 1959, le the Jackson probate estate to
two charities, the American Heart Association and the American
Cancer Society, because Joe had died of heart failure and she su ered
from cancer. e value of the Will became a sensation when, in 1991,