Nos. 11812-11814.

254 N.W.2d 159 (1977)

In The Matter of the ESTATE of Karl J. ASSMUS, Deceased. Laverne M. SCHULDT, William D. Beckman, Robert B. Beckman, and Harold Ray De Boer, Appellants, v. Larry NESS and Ivan Schuldt, Margaret Schuldt, Executrix, Julia Neimeyer and the four children of Ruth Siebenbrunner, Respondents.

Supreme Court of South Dakota.

Reassigned January 6, 1977.

Decided May 26, 1977.

Rehearing Denied June 27, 1977.

Attorney(s) appearing for the Case

James F. Margadant, of Andera, Margadant & Erickson, Chamberlain, for appellants.

John S. Theeler, of Morgan, Fuller, Theeler & Cogley, Mitchell, for respondents Larry Ness and Ivan Schuldt.

PORTER, Justice (on reassignment).

This case involves sale of realty to appellants by an estate Executrix under a power of sale in a will. The issue presented is whether refusal of the trial court to confirm the sales made by the Executrix constituted an abuse of discretion. Each appeal is from an order dated October 10, 1975, in which the trial court confirmed sales of the realty involved to the respondents, who were the high bidders at the October 10th confirmation...


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