Legal Opinion

In Re Estate of Prioleau

Supreme Court of South Carolina

Decided December 6, 2004No. 25905PublishedCited by 5 opinions

1Opinion of the Court

Justice WALLER:

The appellants appeal the probate court’s order interpreting the meaning of language in two wills. We reverse.

FACTS

This probate action involves the construction of an identical clause in the wills of William F. Prioleau (William) and Roberta Maybank Prioleau (Roberta). Roberta died on September 24, 1995, and William died on January 27, 1997. In each of their wills, the Prioleaus provided that a share of his/her estate was to be given to their “then-living grandchildren.” Specifically, Roberta divided her residual estate into two shares: Share A was to go to William if he…

2Cases cited7 opinions

  1. Jennings v. TalbertSupreme Court of South Carolina · 1907
  2. Estate of TolandSupreme Court of Pennsylvania · 1981
  3. In Re Estate of FabianCourt of Appeals of South Carolina · 1997
  4. Pate v. FordSupreme Court of South Carolina · 1989
  5. Bob Jones University v. StrandellCourt of Appeals of South Carolina · 2001

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. HOLCOMBE-BURDETTE v. Bank of AmericaCourt of Appeals of South Carolina · 2006
  2. Estate of Gill Ex Rel. Grant v. Clemson University FoundationCourt of Appeals of South Carolina · 2012
  3. Harbin v. WilliamsCourt of Appeals of South Carolina · 2019
  4. Heslin v. LenahanCourt of Appeals of South Carolina · 2019
  5. In RE: Estate of Stephen Day Ward (Ward v. Ward)Court of Appeals of South Carolina · 2024

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