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GERIN v. McDONALD

No. 9463.

64 F.2d 394 (1933)

GERIN et al. v. McDONALD et al.

Circuit Court of Appeals, Eighth Circuit.

March 21, 1933.

Attorney(s) appearing for the Case

Gale B. Braithwaite, of Sioux Falls, S. D. (Francis P. Matthews, of Omaha, Neb., and U. S. G. Cherry and J. F. Wickhem, both of Sioux Falls, S. D., on the brief), for appellants.

A. B. Fairbank, of Sioux Falls, S. D. (H. E. Judge, T. N. Feyder, and Tom Kirby, all of Sioux Falls, S. D., on the brief), for appellees.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

Michael Gerin died, leaving a will which was admitted to probate at his home in South Dakota. This will made entire disposition of his property. Appellants, who are heirs at law, brought this suit to have certain portions of the will declared invalid because opposed to the statutes of South Dakota (sections 294, 295, South Dakota Revised Code of 1919) against suspension of the absolute power of alienation for a longer period than during the lives...

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