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MATTER OF ESTATE OF NELSON

Nos. 12254, 12263.

274 N.W.2d 584 (1978)

In the Matter of the ESTATE of Wallace A. NELSON, Deceased. Spencer NELSON, Plaintiff and Appellant, and National Bank of South Dakota, as Guardian of Fern Nelson, a/k/a Fern E. Nelson, Plaintiff and Appellant, v. FIRST NORTHWESTERN TRUST CO. OF SOUTH DAKOTA, a South Dakota Corporation, Executor of the Estate of Wallace A. Nelson, Deceased, and John M. Theodosen, Defendants and Respondents.

Supreme Court of South Dakota.

Decided December 29, 1978.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for plaintiff and appellant Spencer Nelson.

Gary J. Pashby of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiff and appellant National Bank of South Dakota; Claude A. Hamilton, Sioux Falls, on the brief.

Ellsworth E. Evans and Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and respondents.

ZASTROW, Justice.

Upon the petition of John Theodosen, two documents, executed by Wallace A. Nelson (decedent) were admitted to probate as decedent's last will. The contestants of the will, Spencer Nelson, decedent's brother, Lyle Nelson, decedent's nephew, and the National Bank of South Dakota as guardian of Fern Nelson, decedent's sister, appeal from the order which reformed the documents and admitted them to probate. We reverse.

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