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ESTATE OF PODGURSKY

No. 12183.

271 N.W.2d 52 (1978)

In the Matter of the ESTATE of Eugene J. PODGURSKY, Deceased. UNITED STATES of America, Contestant and Appellant, v. Glendon SORENSON and Gertrude Sorenson, Proponents and Respondents.

Supreme Court of South Dakota.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Jeffrey L. Viken, Asst. U. S. Atty., Sioux Falls, for contestant and appellant; David V. Vrooman, U. S. Atty., Sioux Falls, on brief.

Terrence R. Quinn and Thomas E. Carr of Stephens, Quinn, Carr & Tschetter, Belle Fourche, for proponents and respondents.

BIEGELMEIER, Retired Justice.*

On March 10, 1976, proponents filed a petition for the probate of the Last Will and Testament of Eugene J. Podgursky, deceased. To that petition the United States of America, hereafter sometimes referred to as contestant, filed a "Complaint Contesting Will," alleging the deceased died on January 9, 1976, in the Veterans' Administration Hospital, Ft. Meade, South Dakota, and at the time of his death was unmarried...

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