Brakefield v. Hocutt

Marion Brakefield, as executrix of the estate of Alfred Marion Hocutt, appeals from the circuit court's determination of the amount of the surviving spouse's elective share and its award of a family allowance to the surviving spouse. Because we hold that the circuit court erred in the manner in which it calculated the elective share, but did not abuse its discretion in awarding a family allowance, we affirm in part, reverse in part, and remand.

I

Alfred Marion Hocutt died in February 1998. He left a will, dated January 1991, in which he named his daughter, Marion Brakefield, as executrix of his…