MATTER OF ESTATE OF HAMM

Nos. 11716, 11728 and 11745.

262 N.W.2d 201 (1978)

In the Matter of the ESTATE of Robert W. HAMM, Deceased. Gerald M. BALDWIN, Executor named in the Will, Proponent and Appellant, v. Billie Jean HAMM, Contestant and Appellant, and Dorothy E. McCall, Evelyn M. Hruby, Ralph D. Byers, and Lloyd M. Byers, Contestants and Appellants.

Supreme Court of South Dakota.

On Second Reassignment February 8, 1978.

Rehearing Denied March 28, 1978.


Attorney(s) appearing for the Case

Horace R. Jackson and Donald R. Shultz of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for proponent appellant Baldwin.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for contestant and appellant Hamm.

William G. Porter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for contestants and appellants, McCall, Hruby, Ralph D. Byers and Lloyd M. Byers.


MORGAN, Justice (on second reassignment).

The decedent, Robert W. Hamm, in the 76th year of his life executed a will on the 27th day of September, 1973, which was presented to the Circuit Court of the Seventh Judicial Circuit for Custer County for probate on the 25th day of March, 1974, the decedent having departed this life on the 22nd day of March, 1974. The probate of the will was contested by his widow, Billie Jean Hamm, and four others who were first cousins...

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