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NORTHWESTERN NAT. BANK OF SIOUX FALLS v. DANIEL

No. 10085.

127 N.W.2d 714 (1964)

NORTHWESTERN NATIONAL BANK OF SIOUX FALLS, formerly Northwest Security National Bank of Sioux Falls, as Executor of the Estate of Dana O. Lembcke, deceased, Plaintiff-Appellant, v. Kenneth J. DANIEL, also known as Dr. K. J. Daniel, Northwestern National Bank of Sioux Falls, Madison Branch, Madison, South Dakota, formerly Northwest Security National Bank of Sioux Falls, Madison Branch, Madison, South Dakota, and the State of South Dakota, Defendants-Respondents.

Supreme Court of South Dakota.

April 21, 1964.

Attorney(s) appearing for the Case

Robert R. Spencer, Madison, for plaintiff-appellant.

Frank L. Farrar, Atty. Gen., Pierre, J. H. Lammers, State's Atty., Madison, for State of South Dakota, respondent.

L. F. Ericsson, Madison, for K. J. Daniel, respondent.

Oren P. Coler, Chamberlain, for Gerhard G. Lembcke, Intervener.

HANSON, Judge.

Mrs. Dana O. Lembcke died leaving two certificates of deposit payable to "Mrs. Dana O. Lembcke or P.O.D. Dr. K. J. Daniel". In this action to quiet title the executor of decedent's estate appeals from an adverse judgment decreeing Dr. K. J. Daniel to be the sole owner of such certificates.

The issues were submitted to the trial court on a brief statement of stipulated facts. It appears therefrom that...

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