IN RE PROTHEROE'S ESTATE

No. 9647.

85 N.W.2d 505 (1957)

Matter of the ESTATE of Robert PROTHEROE, Deceased. Mrs. Frances SAPP, Appellant, v. Bess K. PROTHEROE, Executrix, et al., Respondents.

Supreme Court of South Dakota.

October 15, 1957.


Attorney(s) appearing for the Case

Bangs, McCullen & Butler, Rapid City, for appellant.

Bottum & Beal, Rapid City, for respondent Bess K. Protheroe, individually and as executrix.

T. R. Lehnert, Rapid City, for respondents Joie Weeks, Robina Townes, Evelyn Protheroe, Stanley Sapp and Harvey Sapp.


HANSON, Judge.

Robert Protheroe died testate. His surviving widow petitioned the Pennington County court for probate of the will. Due notice of hearing the petition was given to all the heirs, devisees and legatees. On December 27, 1955, the county court entered its order admitting the will to probate. No appeal was taken and no contest proceedings were instituted within the statutory period. On May 28, 1956, a petition was filed in the county court requesting it...

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