SMITH v. McCALL

No. 2567.

324 S.C. 356 (1996)

477 S.E.2d 475

Lloyd L. SMITH, Appellant, v. Grace McCALL, individually and as Personal Representative of the Estate of Clara W. Smith, (Probate Court Case # 94ES3900077), Respondent.

Court of Appeals of South Carolina.

Decided October 7, 1996.


Attorney(s) appearing for the Case

James M. Robinson, Easley, for appellant.

Harry I. Rivers, Jr., Easley, for respondent.


GOOLSBY, Judge.

In this probate matter, Lloyd Smith (Husband) seeks to include in his elective share claim the assets of two joint bank accounts that belonged to his deceased wife, Clara Smith (Wife). The probate court, affirmed by the circuit court, ruled the joint accounts are not included in the Wife's probate estate and thus not subject to Husband's elective share claim. Husband appeals. We affirm.1

Because this probate proceeding...

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