Legal Opinion
Gallagher Ex Rel. Estate of Evert v. Evert
Court of Appeals of South Carolina
Decided November 25, 2002No. 3573PublishedCited by 4 opinions
1Opinion of the Court
HEARN, C.J.:
The central issue in this case is whether the estate of a surviving spouse who had filed her elective share claim may receive that share when the surviving spouse dies before the determination of her elective share. We hold that the estate is entitled to the share.
FACTS
Husband and Wife married in April of 1993. Husband died testate on January 5,1998, survived by Wife and a son, Robert Evert, from a previous marriage. Husband’s will dated June 26, 1990, which was admitted to probate on February 23,1998, named his son as personal representative and sole heir. On May 1, 1998, Wife…
2Cases cited15 opinions
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- Mid-State Auto Auction of Lexington, Inc. v. AltmanSupreme Court of South Carolina · 1996
- Brown v. StateSupreme Court of South Carolina · 2001
- Buckner v. Preferred Mutual InsuranceSupreme Court of South Carolina · 1970
- Holy Loch Distributors, Inc. v. HitchcockSupreme Court of South Carolina · 2000
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3Cited by4 opinions
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