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MATTER OF HEER'S ESTATE

No. 13436.

316 N.W.2d 806 (1982)

In the Matter of the ESTATE OF Bernhardt E. HEER a/k/a Ben Heer. Lena MRAZ, Leonard Heer and Gilbert Heer, Plaintiffs, Contestants and Appellants, v. Iona FREIER, Defendant, Petitioner and Appellee.

Supreme Court of South Dakota.

Decided March 10, 1982.

Attorney(s) appearing for the Case

Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for plaintiffs, contestants and appellants.

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for defendant, petitioner and appellee; Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, on the brief.

HENDERSON, Justice.

ACTION

This is an appeal from a will contest involving contestants Lena Mraz, Leonard Heer and Gilbert Heer (appellants) and proponent Iona Freier (appellee). The will in question named proponent as sole beneficiary. Bernhardt E. Heer is the deceased testator. Pursuant to a bench trial, the court entered twenty-eight findings of fact, number twenty-seven reciting that no confidential relationship...

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