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JORDHEIM v. BOTTUM

No. 9641.

85 N.W.2d 731 (1957)

Mrs. Oscar JORDHEIM and Mrs. Alva Dale, Plaintiffs and Appellants, v. J. H. BOTTUM, Jr., as Executor of the Estate of Edmund G. Larson, Deceased; and South Dakota Children's Home Society, a corporation; and Crippled Children's Hospital and School, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied December 18, 1957.

Attorney(s) appearing for the Case

Bangs, McCullen & Butler, Rapid City, for plaintiffs and appellants.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent Crippled Children's Hospital and School.

Roswell Bottum and George Beal, Rapid City, for defendant and respondent J. H. Bottum, Jr.

William Williamson, Rapid City, and H. F. Chapman, Sioux Falls, for defendant and respondent South Dakota Children's Home Society.

RENTTO, Judge.

The ultimate question resolved by this appeal is whether the property involved goes to two charities named in the will or, under our laws of intestate succession, to two heirs at law who are not named therein.

In his will the testator, Edmund G. Larson, directed that all of his property be sold and converted into cash. After the payment of his debts, funeral expenses and expenses of administration...

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