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ESTATE OF HOFER

No. 11579.

238 N.W.2d 496 (1976)

In the Matter of the ESTATE of David G. HOFER, Deceased. Ella HOFER, Petitioner and Appellant, v. M. S. HAMRE, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied March 22, 1976.

Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, for petitioner and appellant.

S. D. Sherwood, Clark, for defendant and respondent.

DOYLE, Justice.

This is a contest over the right to administer a will. It was brought by Ella Hofer (Ella), the executrix named in the will of David G. Hofer, deceased, against the subsequently appointed administrator with will attached, M. S. Hamre. Ella asserts that Hamre's letters must be revoked because Hamre was appointed while her power as executrix, although suspended, was not revoked, and because the hearing removing...

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