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SCHALLENKAMP v. STEVENS

No. 10279.

138 N.W.2d 657 (1965)

Lucy SCHALLENKAMP, Plaintiff and Appellant, v. Walter STEVENS and J. F. Haas as Co-Administrators with the Will Annexed of the Estate of F. Eugene Stainsby, Deceased, and Old Glory Lodge No. 146 and Morning Glory Lodge No. 143, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied January 5, 1966.

Attorney(s) appearing for the Case

Rex M. Sheild, Salem, Blaine Simons, Sioux Falls, for plaintiff and appellant.

Zimmer & Connelly and John H. Zimmer, Parker, for defendants and respondents.

HANSON, Judge.

F. Eugene Stainsby died June 23, 1964 leaving the following will:

"I, Eugene Stainsby, on March 24, 1964, do hereby make my last Will and Testament. I leave all my personal property, household goods to Mr. and Mrs. Ernest Alsgaard and family. "To the Old Glory Lodge No. 146 and Morning Glory Lodge No. 143, I wish to leave my farm, the Southeast 1/4 of Section 23, Richland Township not to be sold but rented to Odd Fellows or Rebbeccas...

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