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SIMPSON v. SANDERS

No. 24083.

445 S.E.2d 93 (1994)

Jody SIMPSON, as Personal Representative of the Estate of Marie Johnston Demos, Appellant, v. Jackie SANDERS, as Personal Representative of the Estate of Louis A. Demos, Respondent.

Supreme Court of South Carolina.

Decided June 6, 1994.

Rehearing Denied June 30, 1994.

Attorney(s) appearing for the Case

D. Cravens Ravenel and Catherine Garbee Griffin, both of Baker, Barwick, Ravenel & Bender, Columbia, for appellant.

Robert F. McMahan, Jr., Columbia, for respondent.

FINNEY, Justice:

The issue in this appeal is whether the husband timely exercised his statutory right to an elective share of his deceased wife's estate. The probate court upheld husband's election as did the circuit court on appeal. We reverse and remand.

Appellant is the personal representative of Marie Johnston Demos' (wife's) estate and respondent is the personal representative of Louis A. Demos' (husband's) estate. Wife predeceased husband and left him...

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