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SMITH v. DOLAN

No. 10967-a.

197 N.W.2d 416 (1972)

Edward L. SMITH, Plaintiff and Appellant, v. James DOLAN et al., Defendants and Respondents.

Supreme Court of South Dakota.

Decided May 9, 1972.

Attorney(s) appearing for the Case

McCann, Martin & Mickelson, Brookings, for plaintiff and appellant.

Alan F. Glover, Brookings, for defendants and respondents.

BIEGELMEIER, Judge.

Plaintiff's action to partition real estate under SDCL 21-45 gave rise to this controversy. William H. Smith was the owner of 160 acres of land in Brookings County on the date of his death in 1933. In conformity with the terms of his will the county court entered a Decree of Distribution which distributed the land as follows:

"To John H. Smith * * * for his use and benefit during his life time, viz: (here follows the legal description...

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