QUIST v. BETO

No. 10170.

135 N.W.2d 730 (1965)

Andrew QUIST, as Executor of the Estate of Elma J. Volby, Deceased, Plaintiff and Appellant, v. Ruby V. BETO, Defendant and Respondent.

Supreme Court of South Dakota.

June 11, 1965.


Attorney(s) appearing for the Case

Mumford, Protsch & Sage, Howard, for plaintiff and appellant.

Lammers & Lammers, L. F. Ericsson, Madison, for defendant and respondent.


NICHOL, Circuit Judge.

Plaintiff-appellant, as executor of the estate of Elma J. Volby, deceased, brings this action to set aside a certain declaration of trust in which the defendant-respondent, Ruby V. Beto, was made beneficiary to receive 1,155 shares of Investors Mutual, Inc. Mrs. Beto, the respondent, is a double niece of the decedent and also of her husband, Herman Volby, who had predeceased Elma J. Volby.

Prior to the death of Herman Volby, the Volbys...

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