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THEISEN v. THEISEN

No. 26630.

382 S.C. 213 (2009)

676 S.E.2d 133

In the Matter of George I. Theisen. Lisbeth THEISEN, Appellant, v. Joan THEISEN, Richard Doris, Claude Theisen, Clifford Theisen, Eva Marie Theisen Fox and Susan Theisen Washburn, Defendants, Of whom Joan Theisen, Richard Doris, Claude Theisen, Eva Marie Theisen Fox and Susan Theisen Washburn are Respondents, and Clifford Theisen is Appellant.

Supreme Court of South Carolina.

Decided April 13, 2009.

Rehearing Denied May 13, 2009.

Attorney(s) appearing for the Case

Kymric Y. Mahnke and John D. Shipman, of Nelson, Mullins, Riley & Scarborough, and Robert C. Wilson, Jr., all of Greenville, for Appellants.

Frank S. Holleman, III and Lesley R. Moore, both of Wyche, Burgess, Freeman & Parham; John A. Hagins, Jr., and Stephen R.H. Lewis, both of Covington, Patrick, Hagins, Stern & Lewis, all of Greenville, for Respondents.

Justice WALLER:

This is a family dispute concerning the will of George Theisen, who died on November 16, 2004. Appellant, Lisbeth Theisen, filed an action in February 2006 challenging the validity of the will. The trial court granted summary judgment to Respondents, holding the action was barred by the eight month statute of limitations set forth in S.C.Code Ann. § 62-3-108(3). We affirm.

FACTS

Lisbeth Theisen and Clifford Theisen (Appellants...

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