MAHLMAN v. KRATZER

No. 9964.

122 N.W.2d 215 (1963)

Orval MAHLMAN, Contestant and Respondent, v. B. M. KRATZER as Special Administrator, Walter Biggins as Substituted Executor for Harry Sinkular, Executor named in the Will, now Deceased, Home Board Endowment Fund of the IOOF Home at Dell Rapids, S. Dak., and Cappers Foundation for Crippled Children, Topeka, Kansas, Defendants and Appellants.

Supreme Court of South Dakota.

June 25, 1963.


Attorney(s) appearing for the Case

G. F. Johnson, Gregory, for appellants.

Dudley R. Herman and John J. Simpson, Gregory, for respondent.


BIEGELMEIER, Judge.

Whether the will of Don E. Mahlman was properly executed is the issue in this proceeding. Upon appeal from the county court, a jury rendered an advisory verdict for contestant and the trial court thereafter entered findings of fact and conclusions of law to the same effect and a judgment denying admission of the will to probate. Proponent appeals.

Deceased was a 47-year-old bachelor on June 5, 1954, the date the will bears. His mother,...

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