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WAGNER v. WAGNER

No. 10468.

163 N.W.2d 339 (1969)

Kathleen WAGNER, Plaintiff and Respondent, v. Julius WAGNER, Administrator of the Estate of Walter Wagner, Deceased; the Bank of Union County, the State of South Dakota, Defendants, and Eleanore Millett, Intervenor and Appellant.

Supreme Court of South Dakota.

Rehearing Denied January 16, 1969.

Attorney(s) appearing for the Case

Bogue & Weeks, Vermillion, for intervenor and appellant.

Dana, Golden, Moore & Rasmussen, Sioux Falls, for plaintiff and respondent.

John F. Murphy, Elk Point, for defendant Julius Wagner, Adm'r of Estate of Walter Wagner, Dec.

Wayne W. Christensen, Elk Point, for defendant Bank of Union County.

HOMEYER, Judge (on reassignment).

This is an action to determine adverse claims to a joint bank checking account under the provisions of SDC 1960 Supp. 37.16. The plaintiff, Kathleen Wagner, is the widow of Walter Wagner, who died intestate on March 9, 1966, at the veterans hospital in Sioux Falls and left surviving him as his heirs in addition to plaintiff, a son, Robert Wagner, and a daughter, Eleanore Millett. Defendants...

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