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VAN SANT v. SMITH

23207

301 S.C. 556 (1990)

393 S.E.2d 174

Sara Aughtry Wilson VAN SANT, Executrix of the Last Will and Testament of Janie S. Collins, deceased, Respondent v. Ida Gladden SMITH, Marion Smith, Ida S. Stewart, Lina Mae Leigh, Norma Durant, Mary O. Smith Inman, Debbie Smith Polson, Carlisle Smith, Jr., L.W. Smith III, Mary Jane Moore, Ruth Windham, Henry Smith, Judson Blaine Smith, Jr., Marion Elizabeth Smith Lyle, Belinda Carol Smith Luther, Brenda Jo Smith Kirkland, and Virginia Blaine Smith Mobley, Appellants.

Supreme Court of South Carolina.

Decided May 7, 1990.

Attorney(s) appearing for the Case

Isadore S. Bernstein and Nicholas D. Atria, Columbia, for appellants.

J. Lewis Cromer of Cromer & Mabry, Columbia, for respondent.

Heard April 17, 1990.

Decided May 7, 1990.

TOAL, Justice:

The dispositive issue in this case is whether the Probate Code should be applied to this proceeding which was commenced prior to the enactment of the Code. The specific question is whether the appeal to the Circuit Court should have been a jury trial de novo or without a jury and purely on the record as mandated by the Probate Code. In our view, the resolution of this case is controlled...

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