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IN RE PETERSON'S ESTATE

No. 9730.

94 N.W.2d 661 (1959)

In the Matter of the ESTATE of Alfred H. PETERSON, Deceased. Herman PETERSON, Plaintiff and Respondent, v. Carroll H. PETERSON, Executor of the Estate and Last Will and Testament of Alfred H. Peterson, Deceased, Clarence A. Peterson, Elva Huseman and Arthur R. Peterson, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied March 16, 1959.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, and William B. Quigley, Valentine, for defendants and appellants.

Dudley R. Herman, Gregory, for plaintiff and respondent.

PER CURIAM.

Alfred H. Peterson, a rancher in Todd County, died September 28, 1956, at the age of 88 years. He was survived by four sons—Herman, Almer, Clarence, Arthur, and one daughter—Elva Huseman. An instrument purporting to be decedent's last will, dated June 25, 1956, granted Herman the sum of $100. The remaining sizeable estate was left in approximately equal shares to the four other children. Herman contested probate of the will on the grounds...

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