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IN RE LAST WILL AND TESTAMENT OF SMOAK

22359

286 S.C. 419 (1985)

334 S.E.2d 806

In re The LAST WILL AND TESTAMENT OF Holly B. SMOAK, Ex parte Janette W. MARTIN and Rufus C. Martin, individually and as Executrix and Executor of the Last Will and Testament of Holly B. Smoak, Appellants, v. Philip P. SMOAK, Robert L. Smoak, Mrs. M.C. Smoak Jennings, Harry H. Smoak, Mrs. Lavonia S. Reaves, Townsend S. Way, Mrs. Blanche W. Esclavon, Mrs. Aubrea W. Westervelt, Mrs. Thelma W. Parler, Mrs. Mellie W. Keller, J. Wilson Hipp, and G.H. McCain, Jr., Ex parte Dorothy M. SMOAK, a major beneficiary under a prior Will of Holly B. Smoak dated May 14, 1979, Respondent.

Supreme Court of South Carolina.

Decided August 9, 1985.

Attorney(s) appearing for the Case

J. Kenneth Rentiers and O. Eugene Savedge, Charleston, for appellants.

Robert M. Hollings and Philip A. Middleton, Charleston, for respondent.

Heard January 9, 1985.

Decided August 9, 1985.

LITTLEJOHN, Chief Justice:

This case involves the validity of the Will of Holly B. Smoak who died at age ninety on December 30, 1980. His will of October 1979 was probated in both common and solemn forms. Thereafter, Dorothy M. Smoak, widow of the testator's nephew and respondent herein, appealed to the Court of Common Pleas where the case was tried de novo...

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