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JOHNSON v. JOHNSON

17611

235 S.C. 542 (1960)

112 S.E.2d 647

Foster JOHNSON, Administrator with the Will annexed of the Estate of Howard Johnson, Appellant, v. Walker JOHNSON, Beulah Johnson, Clyde Johnson, Laurin Johnson, Rufus Johnson, Lucius Johnson, Lonnie Johnson, Bud Johnson, Aggie Johnson Scott, Rose Lee Johnson Hill, Howard Johnson, Jr., and Grace C. Johnson (so calling herself), of whom Clyde Johnson, Howard Johnson, Jr., and Grace C. Johnson (so calling herself), are Respondents.

Supreme Court of South Carolina.

February 8, 1960.

Attorney(s) appearing for the Case

Messrs. William A. Rogers, of Bennettsville, and Robinson, McFadden & Dreher, of Columbia, for Appellant.

Messrs. Goldberg & Cottingham, of Bennettsville, for Respondent, Grace C. Johnson, and Jack C. Lindsay, of Bennettsville, and Willcox, Hardee, Houck & Palmer, of Florence, for Respondents, Clyde Johnson and Howard Johnson, Jr..

February 8, 1960.

OXNER, Justice.

This is an appeal by the administrator cum testamento annexo from an order of the Circuit Court holding that the will of the late Howard Johnson was revoked by his subsequent marriage to one Grace Clark.

Appellant contends (1) that the testator and Grace Clark entered into a common-law marriage prior to the execution of the will, and (2) that if not they never subsequently...

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