ROTH v. PIER

No. 13040.

309 N.W.2d 815 (1981)

Albert ROTH, Lenora Schneider, Norbert C. Roth, R. James Zieser, Guardian Ad Litem for Darrin C. Roth, Becky Jo Roth, and Matthew S. Roth, Walter Roth, Agnes Thum and John W. Roth, Plaintiffs and Appellees, v. Philip PIER, Executor of the Estate of Theodor Roth, Deceased, Defendant, and Clarence Roth, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 26, 1981.


Attorney(s) appearing for the Case

James R. Haar of Goetz, Hirsch, Haar & Klimisch, Tripp, for plaintiffs and appellees.

Raymond R. De Geest, Lake Andes, for defendant and appellant.


PER CURIAM.

In this appeal the trial court concluded that the funds remaining in a joint checking account in the names of Theodor Roth (decedent), Clarence Roth (appellant), and John Roth were an asset of decedent's estate. We affirm.

In 1975, after decedent's wife died, John Roth's name was placed on decedent and Katie Roth's checking account. Shortly thereafter, decedent became extremely ill and moved to a nursing home. Appellant assumed the responsibility...

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