White Ex Rel. Estate of Chapman v. Wilbanks

Toal, Justice:

The dispositive issue in this case.is whether the presumption against the revival of a revoked will codified at S.C. Code Ann. § 62-2-508 should be applied in this case where the will was executed and the testator died prior to the effective date of the new Probate Code. We find that it should and therefore reverse the opinion of the Court of Appeals, White v. Wilbanks, 298 S.C. 225, 879 S.E. (2d) 298 (Ct. App. 1989).

FACTS

The testator, Samuel Kinard Chapman, executed a will in 1980 naming Junie White as executor. Chapman allegedly executed another will in 1982 naming his sister,…