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IN RE TIMMERMAN

No. 2867.

331 S.C. 455 (1998)

502 S.E.2d 920

In re Formal Appointment Proceedings and Claims by Surviving Spouse in the Estate of George Bell TIMMERMAN, Jr. Cary Dupre LAFAYE, Respondent, v. Ingrid Zimmer TIMMERMAN, Appellant.

Court of Appeals of South Carolina.

Decided July 6, 1998.

Attorney(s) appearing for the Case

James B. Richardson, Jr., of Svalina, Richardson & Larson, Columbia; and Thomas B. Bryant, III, of Bryant, Fanning & Shuler, Orangeburg, for appellant.

George E. Lafaye, III, Columbia, and George E. Lafaye, IV, of David L. Thomas & Associates, Greenville, for respondent.

HOWELL, Chief Judge:

Ingrid Zimmer Timmerman filed a petition claiming she was entitled to a share of her husband's, the Honorable George Bell Timmerman's, estate because she qualified as an omitted spouse from a will that Timmerman executed before their marriage. The probate court held Ingrid did not qualify to receive a share of the estate as an omitted spouse, but allowed her to claim an elective share of the estate. Both Ingrid and Cary Dupre Lafaye, a beneficiary...

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