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RAY v. TATE

20896

272 S.C. 472 (1979)

252 S.E.2d 568

Vinnie Lee Tate RAY, Individually and as Administratrix of the Estate of Vinnie Tate, and David Tate, Jr., Appellants, v. Carrie Lark TATE, Executrix of the Last Will and Testament of David Tate, and as Devisee Under the Will of David Tate, and Lillian Brown, Remainder Devisee Under the Will of David Tate, Respondents.

Supreme Court of South Carolina.

February 23, 1979.

Attorney(s) appearing for the Case

Mario W. Schenkel, Spartanburg, for appellants.

Venable Vermont, Spartanburg, for respondents.

February 23, 1979.

MOSS, Acting Justice:

This appeal is from an order holding that after a paramour takes the one-fourth of an estate allowed by Code § 21-7-480 (1976),1 the remainder of the estate passes to the substituted beneficiary named in the will. We reverse, concluding the remainder of the estate passes by intestacy.

The testator, David Tate, married Vinnie Dawkins...

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