Harrell v. Grady

I respectfully dissent from my" fine colleagues’ conclusion that Anne Harrell may take a portion of Irene Blankenship’s estate under the intestacy statute. Rather, I would affirm the *109decision of the circuit court because giving effect to the disinheritance clause in Mrs. Blankenship’s will (“Item IV”) is the only way to fulfill her clearly expressed testamentary intent.

Perhaps the most basic tenet of will construction is that the court should strive to give effect to the intent of the testator. May v. Riley, 279 S.C. 248, 305 S.E.2d 77 (1983); In re Estate of Fabian, 326 S.C. 349, 483 S.E.2d…