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GARBADE v. GARBADE

19553

260 S.C. 58 (1973)

194 S.E.2d 186

Arnold B. GARBADE, as Executor of the Last Will and Testament of Pansie S. Garbade, Appellant, v. Donald H. GARBADE, Jr., et al., Respondents.

Supreme Court of South Carolina.

January 18, 1973.

Attorney(s) appearing for the Case

Messrs. Walker & McKellar, of Ridgeland, for Appellant.

Messrs. Luke N. Brown, Jr., and Gary D. Brown, of Ridgeland, and Donald B. Barkowitz, W. Turner Logan, and Michael Gardner, of Charleston, for Respondents.

January 18, 1973.

BRAILSFORD, Justice:

This is an appeal from the trial in the Court of Common Pleas for Jasper County of the issue of will or no will with respect to a writing dated January 20, 1971, purporting to be the will of Pansie S. Garbade, who died of cancer on the third day after the execution of the paper. The question of whether Mrs. Garbade possessed testamentary capacity was submitted to the jury and answered in favor of the contestants. The...

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