IN RE SMITH'S ESTATE

Nos. 9490, 9491.

71 N.W.2d 577 (1955)

ESTATE of Homer W. SMITH, Deceased. Tom COSTELLO, Appellant, v. Robert C. SMITH and Marguerite C. Smith, Respondents.

Supreme Court of South Dakota.

July 29, 1955.


Attorney(s) appearing for the Case

Stordahl, May & Boe, R. G. May, Sioux Falls, for plaintiff and appellant.

Chester H. Smith, Tucson, Ariz., Louis H. Smith, Woods, Fuller, Shultz & Smith, and H. L. Fuller, Sioux Falls, for defendants and respondents.


BAKEWELL, Circuit Judge.

Appellant, a claimed creditor of Homer W. Smith, deceased, appeals from orders of the Circuit Court of Moody County dismissing his appeals to that court from orders of the county court, vacating Letters of Special Administration of said estate and denying his Petition for Letters of Administration with the Will Annexed therein.

Homer W. Smith died testate on March 29, 1952. By the terms of his will, his wife Marguerite was the sole...

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