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IN RE ESTATE OF BOCK

No. 10716.

177 N.W.2d 734 (1970)

In the Matter of the ESTATE of Fred BOCK, Deceased. Lorraine ULMAN, Gladys Bock, Carol Chandler, Robert Bock and Earl Bock, as five of the heirs of Fred Bock, Deceased, Appellants, v. ESTATE of Fred BOCK, Evelyn Barwick, Estate of Frances Bock, Estate of Albert Bort, and Evalyn Thompson Belcher, Respondents.

Supreme Court of South Dakota.

June 9, 1970.

Attorney(s) appearing for the Case

Walter Mueller, of Overpeck, Hamblin & Mueller, Belle Fourche, for appellants.

John Amundson, Bowman, N. D., and Robert Kelley, of Johnson & Kelley, Lemmon, for respondents, coexecutors of Fred Bock Estate.

Newell E. Krause, of Lakeman & Krause, Mobridge, for respondents, Evelyn Barwick and Executrix of Frances Bock Estate and Executrix of Albert Bort Estate.

William E. Anderson, Belle Fourche, for respondent, Evalyn Thompson Belcher.

RENTTO, Judge.

This proceeding concerns the interpretation of the residuary clause of the will of Fred Bock, deceased. The county court determined that the property devised and bequeathed thereby was distributable per stirpes and not per capita. On appeal the circuit court affirmed. This appeal is taken from that action by five nieces and nephews of the testator, being five of the eight children of a brother who predeceased him, claiming that the distribution should...

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