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IN RE BURNS' ESTATE

Nos. 9750-r, 9751-a.

100 N.W.2d 399 (1960)

In the Matter of the ESTATE of Dellephine BURNS, Deceased. J. E. WELLS, Jr., et al., Appellants, v. F. G. WEDEHASE, as Administrator, et al., Respondents.

Supreme Court of South Dakota.

January 6, 1960.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith and H. L. Fuller, Sioux Falls, for appellants, Nieman & Bosard, Minneapolis, Minn., of counsel.

Fellows, Fellows & Tinan, Morgan & Fuller, Mitchell, Martens, Goldsmith & May, Pierre, for respondents.

RENTTO, Judge.

In this probate matter a petition was filed asking a construction of paragraphs eighth and twentieth of the will. Before this was decided by the county court a petition for partial distribution was heard. Both matters were decided on February 4, 1958. These determinations were then appealed to the circuit court which affirmed the decree of partial distribution. It also affirmed the other decree in so far as it construed paragraph twentieth of the will...

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