Expert Witness

James C. Hardin III has served as an expert at trial or by deposition in approximately 30 matters, including will and trust contests, matters involving the construction of estate planning documents, elective share cases, questions concerning the compensation or fiduciary duties of the personal representative, taxation issues, and attorney malpractice cases.  The following is a representative sample of the type of matters on which Mr. Hardin has served as an expert:

  • Merrill T. Boyce v. Work (Court of Common Pleas for Horry County, South Carolina, 1992).  Prepared expert witness report, was deposed and testified at jury trial in a trust case involving South Carolina Coastal Wetlands.
  • Lisa LeSavoy, as Successor Trustee of the Trust under agreement dated November 9, 1993 f/b/o Craig Mennen Keefer v. John B. Lane et. al. (U. S. District Court for District of South Carolina).  Prepared expert opinion and was deposed with respect thereto.
  • Irvin G. Angel, Petitioner, v. Jean C. Parrish, as Personal Representative of the Estate of Vassie Angel Graff, Respondent (Probate Court for Horry County, South Carolina, 1993). Testified in Probate Court regarding reasonableness of Personal Representative's compensation.
  • Estate of Rae Hope (prepared counsel with questions to ask opposing expert in this elective share case).
  • In the Matter of the Estate of Julius Clarence Dreher, Jr., Anna Martha Dreher, Petitioner, v. J. Clarence Dreher III, as Personal Representative of the Estate of Julius Clarence Dreher, Jr., and as Trustee of the JC. Dreher, Jr. Trust, Respondent (Probate Court for Richland County, South Carolina, 1999). Gave deposition in elective share claim.
  • Estate of Louise Draper (Probate Court for York County, South Carolina, 2000). Testimony in Will contest and determination of heirs.
  • Black v. Gentry (Court of Common Pleas for Lexington County, South Carolina, 2001). Testimony at trial in attorney malpractice case.
  • Trustees of Craig Wall Trust (Probate Court for Horry County, South Carolina, 2001). Qualification as expert and submission of affidavit to Probate Court regarding generation-skipping tax matters.
  • Estate of Baxter G. Austin (Family Court for York County, South Carolina, 2001). Testimony regarding equitable distribution from deceased spouse's estate.
  • Eakes v. Legg Mason  (North Carolina, 2006)  Testimony regarding the fiduciary duties, and standard of care, applicable to Trustee(s) and agents, including investment managers of various charitable trusts and family partnerships.
  • Gordon v. Busbee (Court of Common Pleas, Aiken County, South Carolina, 2007).  Testified in attorney malpractice case.
  • Ronald Self, et al v. Robert W. Yelton (Superior Court, North Carolina, 2008) Gave deposition regarding an attorney's standard of care in representing an estate planning couple as clients.
  • Aaron A. Smith v. Lynn F. Chandler (North Carolina Superior Court for Mecklenburg County, 2008-2009).  Expert in defense of action against attorney.
  • David A. Brown v. Kimbrough B. Winfree (North Carolina District Court, 2009) Expert witness on conduct of trustee in administering Grantor Retained Annuity Trust.
  • Anne S.  Holland v. E/O Charlotte M. Sledge (Durham County North Carolina Superior Court 2009). Expert witness on conduct of trustee.
  • Forlando Brown v. Adele J. Pope and Robert L. Buchanan, Jr. (US District Court, Columbia, South Carolina, 2008-2010).  Expert in support of standard of care adhered to by trustees involving the estate of the late singer, James Brown.
  • University of South Carolina Education Foundation v. David S. Madison (Court of Common Pleas for Richland County, South Carolina).  (ongoing).
  • Fabian v. Fabian (Court of Common Pleas for Richland, South Carolina).  Will construction.

Please contact James C. Hardin III, PLLC to discuss your trust and estate dispute.


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