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IN RE ESTATE OF FABIAN

No. 2640.

326 S.C. 349 (1997)

483 S.E.2d 474

In re ESTATE OF Alexina Fender FABIAN. Rudy C. FENDER, Appellant, v. Paul FENDER, Personal Representative, Respondent.

Court of Appeals of South Carolina.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Susan T. Kinard, of Kinard & Kinard, North Charleston, for appellant.

Perry M. Buckner, Walterboro, for respondent.

CONNOR, Judge:

Rudy C. Fender brought this action to construe the will of Alexina Fender Fabian. The case was removed from the Colleton County Probate Court to the Court of Common Pleas. After a bench trial, the trial judge held Rudy1 was not a beneficiary under the will. Rudy appeals. We reverse and remand.

Facts

In 1942, twenty-one year old Mary Grace Fender gave birth, out of wedlock, to a son she named Rudy. Mary...

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