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HUBER v. BACKUS

No. 9918.

112 N.W.2d 238 (1961)

J. Ben HUBER, administrator of the Estate of William C. Huber, deceased, Plaintiff and Appellant, v. Clara A. BACKUS, Defendant and Respondent.

Supreme Court of South Dakota.

November 30, 1961.

Attorney(s) appearing for the Case

M. Q. Sharpe, John W. Larson, Kennebec, for plaintiff and appellant.

G. F. Johnson, Gregory, William F. Day, Jr., Winner, for defendant and respondent.

RENTTO, Judge.

This action to determine adverse claims was brought by the administrator of the estate of William C. Huber, who died of a heart attack February 1, 1959, to set aside certain deeds executed by the decedent in the summer of 1955 in which defendant is the grantee. It is his claim that they are invalid because (1) they were not properly executed and delivered; (2) they are an attempted testamentary disposition; and (3) they were obtained through fraud and...

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