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NEELY v. THOMASSON

No. 26024.

365 S.C. 345 (2005)

618 S.E.2d 884

Lyle NEELY and Gloria Russell Ballard, as Personal Representatives of the Estate of Rita Russell, Petitioners, v. Nancy THOMASSON, individually, and as Personal Representative of the Estate of John Thomas Neely, and Josephine Morgan Wells, of whom Nancy Thomasson, individually and as Personal Representative of the Estate of John Thomas Neely, is Respondent.

Supreme Court of South Carolina.

Decided August 15, 2005.

Attorney(s) appearing for the Case

Carolyn W. Rogers, of Harper and Rogers, of Rock Hill, for Petitioners.

Lucy London McDow, of Rock Hill, for Respondent.

Chief Justice TOAL:

This case involves a probate matter. The probate court ruled that Nancy Thomasson (Nancy) was not the child of John Thomas Neely (Decedent) and therefore could not inherit from his estate. Nancy appealed and the circuit court affirmed. Nancy appealed once again, and the court of appeals held that (1) the probate court did not have subject matter jurisdiction to determine paternity, and (2) the divorce decree between Decedent and Josephine Morgan...

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