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IN RE ESTATE OF FARNSWORTH

No. 10565.

176 N.W.2d 247 (1970)

In the Matter of the ESTATE of Chester George FARNSWORTH, a/k/a C. G. Farnsworth, a/k/a Chester G. Farnsworth, deceased.

Supreme Court of South Dakota.

March 24, 1970.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, for Northwestern Nat. Bank of Sioux Falls, Executor, and David W. Farnsworth, Betty M. Hart, and Nancy M. Harwood (formerly Nancy M. Jones).

Laura Hall Heuermann, Sioux Falls, for Mitchell Jones, Brian Arlen Jones, Gwendolyn Farnsworth, Frieda Farnsworth, and Eric Farnsworth.

Marvin Keller, Sioux Falls, for Charline McMaster, objector and respondent.

HOMEYER, Judge.

This is an appeal from a judgment denying probate of a purported will.

Chester George Farnsworth died on August 28, 1966, a resident of Minnehaha County, leaving an estate valued at a little over $100,000. The will was offered for probate by the executor therein named. Opposition to probate was filed by one of the decedent's four children. The Opposition alleged (1) lack of mental capacity (2) improper execution and (3) undue influence. On...

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