Atkins v. Atkins

This appeal is from a circuit court order affirming a probate court order that revoked the decedent’s will as to all personal property and the real property situated in South Carolina. The probate court held that respondent Alice Atkins, the decedent’s wife, was entitled to one-third of his property by intestacy. We affirm.

The parties stipulated the facts as follows. In 1976, while domiciled in Virginia, the decedent executed this will. He married Alice Atkins four years later. They were domiciled in South Carolina when decedent died in 1984. The will does not expressly provide that it was…