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JONES v. S. D. CHILDREN'S HOME SOC., SIOUX FALLS

Nos. 11576, 11658.

238 N.W.2d 677 (1976)

In the Matter of the ESTATE OF Richard Thomas EVANS, Deceased. Rosella JONES and Roland H. Jones. Contestants and Appellants, v. SOUTH DAKOTA CHILDREN'S HONE SOCIETY, SIOUX FALLS, South Dakota et al., Respondents.

Supreme Court of South Dakota.

Decided February 13, 1976.

Attorney(s) appearing for the Case

Douglas W. Bantz, of Bantz & Gosch, Aberdeen, for contestants and appellants.

Daniel R. Fritz, of Maloney, Kolker, Kolker & Fritz, Aberdeen, for proponent and respondent, William E. Maynard, Executor.

DUNN, Chief Justice.

Appeal No. 11576 is a will contest. Contestants appeal from a judgment and order admitting the will of Richard T. Evans, dated April 19, 1972, to probate, alleging (1) that the court erred by shifting the burden of showing testamentary capacity from the proponent, William E. Maynard, to the contestants, Roland H. and Rosella Jones; (2) that the court erred in finding that the testator had the requisite testamentary capacity on April 19, 1972;...

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