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OLSEN v. FIRST NATIONAL BANK

No. 9609.

83 N.W.2d 842 (1957)

Frank G. OLSEN, Plaintiff and Respondent, v. FIRST NATIONAL BANK, a corporation, Executor of the Estate of Mabel E. Olsen, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

June 24, 1957.

Attorney(s) appearing for the Case

Boyce, Warren, Murphy & McDowell, Sioux Falls, for defendant and appellant.

Louis H. Smith, Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

Plaintiff brought this action against defendant bank as executor of the estate of Mabel E. Olsen, deceased, to recover the sum of $2,600.

John A. Olsen executed his last will and testament in due form on October 5, 1942. Paragraph V of the will reads as follows: "Subject to the life estate in favor of Mabel E. Olsen, I give, devise and bequeath unto Frank Olsen of Sioux Falls, South Dakota, the forty (40) acre farm owned by me and located in...

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