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GALLAGHER v. EVERT

No. 3573.

353 S.C. 59 (2002)

577 S.E.2d 217

Gregg M. GALLAGHER, as Personal Representative of the Estate of Eleanor L. Evert, Appellant, v. Robert C. EVERT, as Personal Representative of the Estate of George C. Evert, Respondent.

Court of Appeals of South Carolina.

Decided November 25, 2002.

Rehearing Denied February 26, 2003.

Attorney(s) appearing for the Case

Fredrick Scott Pfeiffer, of Greenville; and William A. Bryan, of Surfside Beach, for Appellant.

David J. Gundling, and H. Randolph Haldi, both of Pawleys Island, for Respondent.

HEARN, C.J.:

The central issue in this case is whether the estate of a surviving spouse who had filed her elective share claim may receive that share when the surviving spouse dies before the determination of her elective share. We hold that the estate is entitled to the share.

FACTS

Husband and Wife married in April of 1993. Husband died testate on January 5, 1998, survived by Wife and a son, Robert Evert, from a previous marriage. Husband's will...

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