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IN RE ESTATE OF PRIOLEAU

No. 25905.

361 S.C. 627 (2004)

606 S.E.2d 769

In re ESTATE OF Roberta Maybank PRIOLEAU and Estate of William F. Prioleau. Ms. Elizabeth deRosset Prioleau, Petitioner, v. Mr. William F. Prioleau, Jr., Mary Wesley, Mrs. Roberta Maybank Prioleau Moran, Ms. Gabrielle Wesley, Ms. Alicia Wells Wesley, Russell W. Templeton, as Guardian ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child, Carlos Gibbons, as Guardian ad Litem for Ms. Roberta Maybank Moran, a minor child, and William Barry Prioleau Moran, a minor child, and the class of grandchildren unborn at the deaths of Roberta Maybank Prioleau and William F. Prioleau, Respondents, of whom Russell W. Templeton, as Guardian ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child are Appellants, and Carlos Gibbons, as Guardian ad Litem for Ms. Roberta Maybank Moran, a minor child, and William Barry Prioleau Moran, a minor child, and for the class of grandchildren unborn at the deaths of Roberta Maybank Prioleau and William F. Prioleau are Respondents. and Ms. Mary Prioleau Wesley, Petitioner, Mr. William F. Prioleau, Jr., Ms. Elizabeth DeRosset Prioleau, Mrs. Roberta Maybank Prioleau Moran, Ms. Gabrielle Wesley, Ms. Alicia Wells Wesley, Russell W. Templeton, as Guardian ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp v. Prioleau, III, a minor child, Carlos Gibbons, as Guardian ad Litem for Ms. Roberta Maybank Moran, a minor child, for William Barry Prioleau Moran, a minor child, and the class of grandchildren unborn at the deaths of Roberta Maybank Prioleau and William F. Prioleau, Respondents, of whom Russell W. Templeton, as Guardian ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child are Appellants, and Carlos Gibbons, as Guardian ad Litem for Ms. Roberta Maybank Moran, a minor child, William Barry Prioleau Moran, a minor child, and for the class of grandchildren unborn at the deaths of Roberta Maybank Prioleau and William F. Prioleau are Respondents.

Supreme Court of South Carolina.

Decided December 6, 2004.

Attorney(s) appearing for the Case

Russell W. Templeton, of Columbia, for Appellants.

Carlos W. Gibbons, Jr., of Ormand, Ashley & Gibbons; Deborah Harrison Sheffield, of Law Offices of Deborah Harrison Sheffield, P.A.; Gabrielle Wesley; Alicia Wells Wesley; and Kenneth B. Wingate and Paul D. Kent, both of Sweeny, Wingate & Barrow, all of Columbia; and Robert M. Kunes and Virginia D. Meeks, both of Evans, Carter, Kunes & Bennett, P.A, of Charleston, for Respondents.

Justice WALLER:

The appellants appeal the probate court's order interpreting the meaning of language in two wills. We reverse.

FACTS

This probate action involves the construction of an identical clause in the wills of William F. Prioleau (William) and Roberta Maybank Prioleau (Roberta). Roberta died on September 24, 1995, and William died on January 27, 1997. In each of their wills, the Prioleaus provided...

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