The South Carolina Supreme Court rules that a will provision distributing shares of an estate to "then-living grandchildren" excludes two grandchildren born after the testator's death but before distribution. In Re Estate of Prioleau (S.C., No. 25905, Dec. 6, 2004).
Roberta Prioleau died on September 24, 1995, and her husband, William, died on January 27, 1997. In each of their wills, the Prioleaus provided that "upon" his or her death, a share of his or her estate was to be given to their "then-living grandchildren." Two grandchildren were born subsequent to Mr. Prioleau's death. Elizabeth Prioleau, co-personal representative of her father's estate, petitioned the probate court for an order regarding the phrase "then-living grandchildren" in the wills. The probate court held that the phrase was ambiguous and could refer to those grandchildren living at Mr. Prioleau's death or at the date of distribution. Looking at extrinsic evidence, including the couple's generosity and the importance they placed on family, the court interpreted the phrase to include those grandchildren living at the time of distribution.
The Supreme Court of South Carolina reverses, ruling that the class of "then-living grandchildren" closed at Mr. Prioleau's death, excluding any after-born grandchildren. Focusing on the phrase "Upon the death of the survivor of my said husband or me" in Mrs. Prioleau's will, and "Upon my death" in Mr. Prioleau's will, the court finds no ambiguity in meaning. The court goes on to note that no testimony in the record speaks to the specific intent of either testator to include after-born grandchildren.
For the full text of this decision, go to: https://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=25905.
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