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NEWTON v. ERICKSON

No. 9046.

41 N.W.2d 545 (1950)

NEWTON v. ERICKSON et al.

Supreme Court of South Dakota.

Rehearing Denied April 11, 1950.

Attorney(s) appearing for the Case

E. G. Jones, Sioux Falls, Boyce, Warren, Murphy & McDowell, Sioux Falls, of counsel, for appelant.

Everett A. Bogue, Vermillion, for respondents.

Lee H. Cope, Yankton, Amicus Curiae.

SICKEL, Judge.

This is an action to quiet the title to a one-fourth interest in a section of land located in Clay County. Alfred Newton owned the land free from encumbrances at the time of his death on February 28, 1915. He left a will and codicil which were admitted to probate in the county court on April 5, 1915. The codicil provided: "I hereby desire to change my former will so that all of the children of my son Charlie J. Newton shall share equally in the real...

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