Legal Opinion

In Re Will of Roton

Supreme Court of South Carolina

Decided June 28, 1913No. 8586PublishedCited by 2 opinions

Before DbVorb, J., Lexington, January, 1913. Proceeding for proof of will of Annie L. Roton, in solemn form. Prom Circuit decree reversing probate judgment and holding will invalid, executors appeal. cite: Where a married woman has as much right as a man to hold property her marriage should not revoke her will: 17 L. R. A. 592; 79 111. 99; 70 Wis. 251; 60 N. H. 439; 54 Am. R. 359; 130 N. W. 134; 45 Vt. 145; 81 Me. 275; 52 Am.

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Before DbVorb, J., Lexington, January, 1913. Proceeding for proof of will of Annie L. Roton, in solemn form. Prom Circuit decree reversing probate judgment and holding will invalid, executors appeal. cite: Where a married woman has as much right as a man to hold property her marriage should not revoke her will: 17 L. R. A. 592; 79 111. 99; 70 Wis. 251; 60 N. H. 439; 54 Am. R. 359; 130 N. W. 134; 45 Vt. 145; 81 Me. 275; 52 Am. R. 255; 67 L. R. A. 315. Our Code of 1902, i860, applies only to men. cite: Words in our acts importing masculine apply to females: Code 1902, 41; 86 Ga. 386; 19 S. E.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a decree of his Plonor, Judge DeVore. The facts of the case show that Annie D. Leitner, then a widow, on August 30, 1906, made a will, and thereafter married Harris Roton, and died in February, 1910, leaving the will in question. Her husband, Roton, her mother, a brother and sister survived her, but no children. On March 15th, 1910, the will was presented to the probate court by the executors, and on that day admitted to probate in common form. On October 33, 1911, the brother of testatrix, to whom she had given…

2Cited by2 opinions

  1. Jackson v. Cannon Ex Rel. Estate of WatsonSupreme Court of South Carolina · 1976
  2. State v. RiddleSupreme Court of South Carolina · 1931

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