Legal Opinion · Dissent

Blackmon Ex Rel. Will & Estate of Blackmon v. Weaver

Court of Appeals of South Carolina

Decided October 17, 2005No. 4030Published

1Dissent

J. SHORT,

dissenting in part:

Although I agree with the majority that the trial court erred in removing Lana as personal representative, I disagree with the majority’s determination of Lana’s interest and find that J.B. intended for her to have a life estate in all of his property. Furthermore, I believe he intended for her to have the power to sell any property not otherwise described specifically in paragraphs three and five of the will; however, should she sell any of the remaining assets she should share the proceeds as provided for in the will. Although the will is inadequately drawn, my…

2Cases cited5 opinions

  1. Shelley v. ShelleySupreme Court of South Carolina · 1964
  2. May v. RileySupreme Court of South Carolina · 1983
  3. Johnson v. WaldropSupreme Court of South Carolina · 1971
  4. Kemp v. RawlingsSupreme Court of South Carolina · 2004
  5. Thomason v. HellamsSupreme Court of South Carolina · 1958

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