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MATTER OF ESTATE OF LEMER

No. 13178.

306 N.W.2d 244 (1981)

In the Matter of the ESTATE of John J. LEMER, Deceased. Dorsey Jean FARLEY, Individually and as Guardian of Benjamin Lemer, Tracy Lynn Lemer and William Ray Lemer, Minors, Plaintiff and Appellant, v. Susan LEMER, Individually as surviving widow of John J. Lemer and as petitioner for summary administration of the estate of John J. Lemer, deceased, Rinehart Enterprise, Inc. and Howard Rinehart, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

H. L. Hollmann Chamberlain, for defendants and appellees.

WOLLMAN, Chief Justice.

Appellant, Dorsey Jean Farley, appeals from the declaratory judgment of the trial court, which, inter alia, awarded all or part of the proceeds of two life insurance policies to the Estate of John J. Lemer (decedent). We reverse and remand.

Dorsey Jean Farley married decedent on October 15, 1969. Three children were born to the marriage: Benjamin Lemer, Tracy Lemer and William Lemer. In 1976, Dorsey Jean Farley was granted a divorce...

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