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WHITE v. WILBANKS

23219

301 S.C. 560 (1990)

393 S.E.2d 182

Junie (Junior) WHITE, Executor of the Estate of Samuel Kinard Chapman, Respondent 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, Petitioners.

Supreme Court of South Carolina.

Decided May 29, 1990.

Attorney(s) appearing for the Case

David G. White, of Ingalls & White, Spartanburg, G. Michael Brackett, of Sherrill & Townsend, Columbia, for Mary Elizabeth Wilbanks.

Robert A. Hammett and Richard H. Rhodes, Burts, Turner, Hammett, Harrison, Rhodes & Thompson, and James B. Drennan, III, of Drennan & Shelor, Spartanburg, for all other petitioners.

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

Heard March 19, 1990.

Decided May 29, 1990.

TOAL, Justice:

The dispositive issue in this case is whether the presumption against the revival of a revoked will codified at S.C. Code Ann. § 62-2-508 should be applied in this case where the will was executed and the testator died prior to the effective date of the new Probate Code. We find that it should and therefore reverse the opinion of the Court of...

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