In the Matter of the Estate of Wallace Miles

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Ex Parte:
Willie Mae Miles, Appellant,

v.

In Re: Estate
of Wallace Miles, Respondent.

Appeal From Aiken County

G. Thomas Cooper, Jr., Circuit Court
Judge

Unpublished Opinion No.  2011-UP-200 

Submitted May 1, 2011 – Filed May 3, 2011

AFFIRMED

Tom Griffin Woodruff, Jr, of Aiken, for
Appellant.

Philip Herman Woolhiser, of Aiken, for
Respondent.

PER CURIAM: Willie Mae Miles appeals a probate court holding
that set aside a will executed by the decedent, Wallace Miles.  She argues the
probate court improperly set aside the will for lack of sufficient capacity,
res, and devisees because she lacked notice those issues would be considered
during the will contest initiated by the decedent's son.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: In re Timmerman, 331 S.C. 455, 460, 502 S.E.2d 920, 922 (Ct.
App. 1998) ("The South Carolina Rules of
Civil Procedure are applicable in the probate court to the extent they are not
inconsistent with the Probate Code or probate court rules.  A motion to alter or amend a judgment pursuant to
Rule 59(e), SCRCP, is not inconsistent with the
Probate Code and is therefore applicable." (internal citations omitted)); see
also Helms Realty, Inc. v. Gibson-Wall Co., 363 S.C. 334, 339-40,
611 S.E.2d 485, 487-88 (2005) (holding an appellant has the burden of providing
a sufficient record for appellate review) (citations omitted); In re Estate of
Cumbee, 333 S.C. 664, 674-75, 511 S.E.2d
390, 395 (Ct. App. 1999) (noting that when a probate judge grants certain relief not
previously contemplated, the aggrieved party must move to alter or amend the judgment in order to preserve the issue
for appeal to the circuit court).

AFFIRMED.

HUFF, WILLIAMS, and
THOMAS, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.