McDaniel v. Gregory

Finney, Justice:

This is a dispute over whether the pre-probate code rules or the South Carolina Probate Code should apply to the construction of a will. The trial court held that the new probate code applies. We affirm.

Laura Everette Holcombe (Holcombe) died testate on June 18,1986. Holcombe’s will devised and bequeathed the residue of her estate to three maternal first cousins, Annie Bell McDaniel, Marion McDaniel and Robert Monroe McDaniel, “share and share alike in fee simple absolutely.” Marion McDaniel predeceased Holcombe and was survived neither by spouse nor issue.

Respondents Annie…