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ESTATE v. WEEKS

No. 11882.

250 N.W.2d 286 (1977)

In the Matter of the ESTATE of Carolyn G. NELSON, Deceased. Cornelia OSTERKAMP and Richard Osterkamp, Proponents and Appellants, v. Harold A. WEEKS et al., Contestants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied March 10, 1977.

Attorney(s) appearing for the Case

Samuel W. Masten, Canton, John D. Gubbrud, of Beck & Gubbrud, Alcester, for proponents and appellants.

James R. Adams, Sacramento, Cal., John H. Davidson, Jr., Vermillion, for contestants and respondents.

WINANS, Justice.*

This is an appeal from an order denying probate of an olographic will. Proponents dispute the findings of the trial court on the questions of testamentary intent and testamentary capacity. We reverse.

Proponents Richard and Cornelia Osterkamp petitioned to probate the olographic will of Carolyn G. Nelson in circuit court. Contestants, heirs at law of the decedent, filed in opposition to the probate, alleging that...

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