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MATTER OF ESTATE OF KING

Nos. 12345, 12347.

278 N.W.2d 171 (1979)

In the Matter of the ESTATE of Mary Greifenhagen KING, a/k/a Mary G. King, Deceased. DAKOTA MIDLAND HOSPITAL and Shriners Hospital far Crippled Children, Twin Cities Unit, Minneapolis, Minnesota, Appellants, v. George PAGEL, Executor and Respondent, and Robert Knickrehm, Leonard Olson, Carl Nilsson, Don Mertz, William Tewksbury, Marvin Hausvik, Berthold Lenling, Marvin Erdman, Maurice Samuelson, Louis Pesall, Marie Ellingson, and Donald Ellingson, Respondents.

Supreme Court of South Dakota.

Rehearing Denied May 25, 1979.

Attorney(s) appearing for the Case

Kennith L. Gosch of Bantz & Gosch, Aberdeen, for appellant Dakota Midland Hospital.

James A. Wyly of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for appellant Shriners Hospital for Crippled Children.

Raymond M. Schutz of Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, for executor and respondent, George Pagel.

Richard H. Battey of Gallagher & Battey, Redfield, for respondents Robert Knickrehm, Leonard Olson, Carl Nilsson, Don Mertz, William Tewksbury, Marvin Hausvik, Berthold Lenling, Marvin Erdman, Maurice Samuelson, Louis Pesall, Marie Ellingson, and Donald Ellingson.

WOLLMAN, Chief Justice.

Mary King, the decedent, died January 21, 1975. A petition for probate of her will was filed in circuit court on January 22, 1975. On December 6, 1976, the executor, George Pagel, petitioned the court for authority to mortgage or sell property from the estate in order to pay the remaining federal taxes, and for a determination whether the taxes were to be paid from the share of the estate going to...

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