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COTTY v. YARTZEFF

23704

309 S.C. 259 (1992)

422 S.E.2d 100

William F. COTTY, Personal Representative of the Estate of Nicholas D. Yartzeff, Respondent v. Marina V. YARTZEFF, Appellant.

Supreme Court of South Carolina.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Edward M. Woodward, Jr., Woodward, Leventis, Unger, Daves, Herndon & Cothran, Columbia, for appellant.

James H. Lengel, Holler, Olive, Merry, Lengel & Garner, and William F. Cotty, Columbia, for respondent.

Heard April 21, 1992.

Decided August 31, 1992.

The issue on appeal is whether appellant waived her rights of removal and jury trial. The probate court denied appellant's motions for removal to the circuit court and a jury trial. The circuit court affirmed. We reverse.

I. FACTS

Nicholas D. Yartzeff executed a will on February 18, 1990, two days prior to his death. Yartzeff was survived by appellant,

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