KLOSTERGAARD v. PETERSON

No. 10615.

169 N.W.2d 259 (1969)

Hazel KLOSTERGAARD and Alma Strunk, Plaintiffs and Respondents, v. Burdette PETERSON and Helen Peterson, Defendants and Appellants, and Minor Peterson, as Executor of the Estate of Niels C. Nielsen, Deceased, Defendant.

Supreme Court of South Dakota.

July 11, 1969.


Attorney(s) appearing for the Case

John F. Murphy, Donley & Murphy, Elk Point, for defendants and appellants Burdette Peterson and Helen Peterson.

Samuel W. Masten, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and respondents.

Roscoe A. Frieberg, Frieberg & Frieberg, Beresford, for defendant, Minor Peterson, as Executor of Estate of Niels C. Nielsen, Deceased.


RENTTO, Judge.

These plaintiffs are two of the heirs, devisees and legatees of Niels C. Nielsen, deceased, who died testate. In this action they seek to quiet title to funds in two joint bank accounts established by the decedent, a few days before he died, in his name and that of the defendant Burdette Peterson. This joint depositor is his grandnephew but not a beneficiary in his will.

The trial court found that the accounts were created for the convenience...

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