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DREHER v. DREHER

No. 26205.

370 S.C. 75 (2006)

634 S.E.2d 646

Anna Martha DREHER, Appellant, v. J. Clarence DREHER, III, as Personal Representative of the Estate of Julius Clarence Dreher, Jr., and as Trustee of the J.C. Dreher, Jr. Trust, Respondent.

Supreme Court of South Carolina.

Decided August 21, 2006.

Attorney(s) appearing for the Case

Kenneth B. Wingate and Paul D. Kent, both of Sweeny, Wingate & Barrow, P.A., of Columbia, for Appellant.

Pope D. Johnson, III, of McCutchen, Blanton, Johnson & Barnette, L.L.P., of Columbia, for Respondent.

Justice BURNETT:

Anna Martha Dreher (Appellant) filed a claim for an elective share of her husband's probate estate and alleged her husband's revocable inter vivos trust should be included in the calculation of her elective share because the trust was illusory. The probate court granted Appellant's request for an elective share but found the trust was not illusory pursuant to S.C.Code Ann. § 62-7-112 (Supp.2004). Appellant...

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