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KIRSCH v. FIRST NAT. BANK OF WATERTOWN

No. 12853.

298 N.W.2d 71 (1980)

Kenneth Stanley KIRSCH, as Administrator of the Estate of Fred Kirsch, deceased, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF WATERTOWN, Defendant, and Gene W. Kirsch, as Executor of the Estate of Chris Kirsch, deceased, Donna Kirsch, Gene Kirsch and Marlys Kirsch, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Alan L. Austin and J. Douglas Austin of Austin, Hinderaker & Hackett, Watertown, for plaintiff and appellant.

John L. Foley of Foley & Foley, Watertown and Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees.

YOUNG, Circuit Judge.

This is an appeal from the trial court's decision in a declaratory judgment case wherein the court held that joint ownership had been created in two certificates of deposit. We affirm.

The record shows that Fred and Chris Kirsch were brothers and that each developed, with the aid and assistance of the other, successful farming operations near Watertown, South Dakota. Both brothers were married and both reared children. Fred Kirsch had...

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