In the Matter of Patrick

Toal, Justice:

The decedent, Mildred Walker Parris Patrick, died testate on January 15,1988. In her will, executed November 1,1984, Mildred devised $1.00 to her husband Murray Patrick and devised all residue to her children. Murray claimed his elective share pursuant to S.C. Code Ann. § 62-2-201. On appeal, Mildred’s children challenge Murray’s ability to claim the elective share and argue that the elective share provision is unconstitutional. We do not agree and therefore affirm.

DISCUSSION

1. Surviving Spouse

Section 62-2-201 provides that the surviving spouse has a right of election to take an…