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WHITE v. WILBANKS

1327

298 S.C. 225 (1989)

379 S.E.2d 298

Junie (Junior) WHITE, Executor of the Estate of Samuel Kinard Chapman, Appellant v. Mary Elizabeth WILBANKS, B.F. Chapman, James Chapman, Marvin Chapman, Sarah C. Ramsey, Ruth C. Hayes, Henry Chapman, Rufus Chapman, Annie Chapman Johnson, Ned Chapman, Vance Chapman, Betty Chapman, Dorothy Chapman Belville, Donald Chapman, and Kenneth Chapman, Respondents.

Court of Appeals of South Carolina.

Decided April 24, 1989.

Attorney(s) appearing for the Case

Andrew N. Poliakoff and John R. Russell, of Russell & Poliakoff, Spartanburg, for appellant.

Robert A. Hammett and Richard H. Rhodes, of Burts, Turner, Hammett, Harrison, Rhodes & Thompson, David G. White, of Ingalls & White; James B. Drennan, III, of Drennan & Shelor, Spartanburg, and G. Michael Brackett, of Sherrill & Townsend, Columbia, for respondents.

Heard March 20, 1989.

Decided April 24, 1989.

CURETON, Judge:

This is an appeal of a probate matter. The trial court ruled that the destruction of a 1982 will did not revive a prior will and the decedent's estate passed by intestate succession. We reverse and remand for a new trial.

Appellant, Junie White, was named executor under a 1980 will executed by Samuel Kinard Chapman. Mary Elizabeth Wilbanks was named executrix under a will allegedly...

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