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McDANIEL v. GREGORY

23293

303 S.C. 500 (1990)

401 S.E.2d 863

Annie Bell McDANIEL and Robert Monroe McDaniel, Respondents v. Della Amanda Greer GREGORY, et al., Defendants, of whom Della Amanda Greer Gregory, Mason Louise (Macie Lou) Greer Whitehead, Lillian Virginia Wilbanks, Lydia Loretta Greer Wilder, Mattie Hazel Greer Brewington, Rufus T. Holcombe, Jr., Sara Frances Holcombe Epps, McBeth Young Long, individually and as Personal Representatives of Anne Holcombe Long, deceased, Billie Sue Hawkins Brown, Wanda June Hawkins Haney, Sara Lou Hawkins Harvey, Paul David Hawkins, Don Gray Hawkins, Helen Holcombe LeMaster, Willie Edward Greer, Jr., and Sidney Maxel Holcombe are the Appellants.

Supreme Court of South Carolina.

Decided November 26, 1990.

Rehearing Denied March 11, 1991.

Attorney(s) appearing for the Case

James B. Drennan, III, of Drennan, Shelor, Cole & Evins, P.A., Spartanburg, for appellants.

Robert E. Guess, Union, James C. Hardin, III, of Kennedy, Covington, Lobdell & Hickman, Rock Hill, for respondents.

Heard Jan. 22, 1990.

Decided Nov. 26, 1990.

Rehearing Denied March 11, 1991.

FINNEY, Justice:

This is a dispute over whether the pre-probate code rules or the South Carolina Probate Code should apply to the construction of a will. The trial court held that the new probate code applies. We affirm.

Laura Everette Holcombe (Holcombe) died testate on June 18, 1986. Holcombe's will devised and bequeathed the residue

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