Miles v. Miles

440 S.E.2d 882 (1994)

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Miles v. Miles

South Carolina Supreme Court
440 S.E.2d 882 (1994)

Facts

Grady Miles executed a will in 1989 leaving his automobile and a life estate in his home to Georgia Mae Hall Miles (plaintiff). Grady and Georgia were not married at that time, and Georgia testified that she had rejected several marriage proposals from Grady. A year later, Georgia did accept Grady’s marriage proposal, and in 1991 Grady and Georgia married. Grady died seven months after they married. Grady had not executed a new will following their marriage. Georgia filed an action against Grady’s estate (defendant), seeking entitlement to Grady’s entire estate as an omitted spouse under South Carolina statutory law. The probate court held that Georgia was an omitted spouse. The circuit court reversed, holding that because Grady’s will did contain a provision for Georgia, she could not be an omitted spouse. Georgia appealed.

Rule of Law

Issue

Holding and Reasoning (Chandler, J.)

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