KARLEN v. KARLEN

Nos. 11362, 11372.

235 N.W.2d 269 (1975)

Merrill KARLEN, as administrator of the Estate of Willis W. Karlen, a/k/a W. W. Karlen, Deceased, Joan M. Hamiel, as administrator of the Estate of Arthur J. Karlen, a/k/a A. J. Karlen, Deceased, for said Estates and the heirs at law of the two Decedents, including themselves, Plaintiffs and Appellants in # 11362, Plaintiffs and Respondents in # 11372, v. L. W. KARLEN, Jr., et al., Defendants and Respondents in # 11362, Defendants, except for John E. Karlen and Robert D. Karlen, who are Defendants and Appellants in # 11372, and Jeanne Ann Ardis et al., Intervening Plaintiffs and Appellants in # 11362, Intervening Plaintiffs and Respondents in # 11372.

Supreme Court of South Dakota.

November 7, 1975.


Attorney(s) appearing for the Case

Vincent J. Protsch and Thomas R. Pardy, Howard, and J. H. Lammers, Madison, for plaintiffs, appellants and respondents, Merrill Karlen, as Administrator of the Estate of Willis W. Karlen, a/k/a W. W. Karlen, Deceased, and Joan M. Hamiel, as Administrator of the Estate of Arthur J. Karlen, a/k/a A. J. Karlen, Deceased, for said estates and the heirs at law of the two decedents, including themselves.

Lyle P. Sage, Howard, for intervening plaintiffs and respondents, Jeanne Ann Ardis, JoAnn Kuehl, and Arlene Martin as Guardian Ad Litem for Michael McCreath Martin and Patrick Mack Martin.

Laird Rasmussen, Sioux Falls, and Paul R. Green, DeSmet, for defendants and respondents L. W. Karlen, Jr., and Betty J. Karlen.

Eugene C. Mahoney, Sioux Falls, for defendant and respondent Miner County Bank.

Lyle P. Sage, Howard, for defendant and respondent Farmers State Bank of Carthage.

Roy E. Willy, Sioux Falls, for defendant and respondent Security Bank of Madison.

Howell L. Fuller, Sioux Falls, for defendant and respondent Northwestern Nat. Bank of Sioux Falls.

Robert C. Heege, Sioux Falls, for defendant and respondent Mitchell Nat. Bank.

Richard W. Sabers, Sioux Falls, for Dr. John E. Karlen and Robert D. Karlen, defendants and appellants and respondents.


WINANS, Justice.

An attempt to dispose of a sizable estate by its owner prior to death and without the services of lawyers or the benefits of the customary probate process has resulted in a most intricate case which has been before our courts well in excess of five years and which has involved numerous counsel and undoubtedly great expense.

Willis W. Karlen and his brother Arthur J. Karlen lived on their farm or ranch near Vilas in Miner County, South Dakota...

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