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SPITZER v. SPITZER

Nos. 10612, 10613.

168 N.W.2d 718 (1969)

Ellzabetha SPITZER, Boas Spitzer, Erna Fauth, Ruth Schmitt, Naomi Opp, also known as Naome Opp, and Edna Opp, Plaintiffs and Respondents, v. Samuel SPITZER; State of South Dakota, et al., Appellant and other Defendants.

Supreme Court of South Dakota.

June 12, 1969.

Attorney(s) appearing for the Case

Raymond Hieb, Ipswich, for plaintiffs and respondents.

Paul O. Kretschmar, Eureka, for defendant and appellant Samuel Spitzer.

FOSHEIM, Circuit Judge.

This appeal relates to 560 acres in McPherson County, South Dakota. On December 5, 1952, Jacob J. Spitzer and his wife, Elizabetha, executed a warranty deed purporting to convey this land to their two sons, Boas and Samuel. Jacob was the owner of the property. This instrument contained the following provision:

"Upon the death of both the grantors herein named this deed shall be delivered...

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