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BENTZ v. ESTERLING

No. 9557.

78 N.W.2d 73 (1956)

Peter BENTZ and Rebecca Bentz, Plaintiffs and Appellants, v. Margaret ESTERLING, formerly Margaret Bentz, Ruben Esterling, George Bentz, as Executor of the Estate of John Bentz, Deceased, Patricia Darlene Bentz, Margaret Georgene Bentz, Robert Bentz, all unknown Heirs, Devisees, Legatees, Executors, Administrators, and Creditors of John Bentz, Deceased, and "all persons unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the complaint," Defendants and Respondents.

Supreme Court of South Dakota.

August 21, 1956.

Attorney(s) appearing for the Case

Dudley R. Herman, Gregory, for plaintiffs and appellants.

G. F. Johnson, Gregory, Parnell J. Donohue, Bonesteel, Harold Gunvordahl, Burke, for defendants and respondents.

SMITH, Judge.

The narrow issue presented for our decision by this appeal is whether the evidence supports the finding of the trial court that the plaintiffs above-named made a parol gift in praesenti of a half section Tripp county farm to their son, the late John Bentz. Our review of this record proceeds in the light of settled principles which counsel do not question.

The annotation at 101 A.L.R. 985 states, "The general rule is well settled that, so far...

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