IN RE ESTATE OF KAPPENMANN

No. 10206.

141 N.W.2d 780 (1966)

In the Matter of the ESTATE of George A. KAPPENMANN, Deceased.

Supreme Court of South Dakota.

Rehearing Denied May 31, 1966.


Attorney(s) appearing for the Case

Roubideaux, Poches & Reade, Charles Poches, Jr., Fort Pierre, for executor-appellant.

Ronayne, Richards & Dobberpuhl, Mike Ronayne, Aberdeen, for Robert Kappenmann, respondent.


RENTTO, Presiding Judge.

When this controversy was before the circuit court on appeal from the county court the judge of that court wrote: "The question presented by this appeal is whether an executor may sell specifically devised real property, under a power of sale in a will, where such sale is not necessary to pay debts and cost of administration, and where there is no directive in the will to sell such devised property...

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