Mitchell v. Owens

Chandler, Justice:

Nora Mitchell (Mitchell) appeals an order abating her share of the devise under the Will of her brother, David Earl Owens (Testator).

We affirm.

FACTS

On June 23, 1970, Testator executed a Will leaving his entire estate to Mitchell, his sister. Seven years later, on November 30, 1977, he married Respondent, Roberta Owens (Owens). Testator died on March 12, 1988, never having altered his Will.

When the 1970 Will was admitted to probate, Owens filed a claim seeking an “omitted spouses share” under S.C. Code. Ann. § 62-2-301 (1987). The Probate Court found that the Testator did not…