Supreme Court of South Carolina

Brown v. Sojourner

June 17, 2020

Summary

The court held that Respondent was not Brown's surviving spouse because her marriage to Brown occurred while her prior recorded marriage remained unresolved. The 2004 annulment order established Respondent's freedom to remarry but did not bind nonparties as to the underlying factual findings, and it could not retroactively validate the later marriage under the governing statute. The court reversed the court of appeals and remanded for prompt probate proceedings consistent with Brown's estate plan.