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ESTATE v. GOSMIRE

Nos. 13790, 13876.

331 N.W.2d 562 (1983)

In the Matter of the ESTATE OF Norman C. GOSMIRE, Deceased.

Supreme Court of South Dakota.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for appellant-Administrator Nat. Bank of South Dakota.

Jay M. Leibel of Ericsson, Ericsson & Leibel, Madison, for appellants Edgar Gosmire and Harold Gosmire.

T.R. Pardy of Mumford, Protsch & Pardy, Howard, for claimants-appellees Donald E. Gosmire, Gerald E. Gosmire, Ricky E. Gosmire and Jeffrey E. Gosmire.

HENDERSON, Justice.

ACTION

The decedent, Norman C. Gosmire, was a cattle feeder and farmer who lived north of Winfred, South Dakota. In 1980, he died intestate at the age of sixty-four. In the estate proceedings, appellees alternatively claimed (1) enforcement of an oral sale of a farm and equipment, (2) a decree of specific performance for conveyance of real estate, livestock, and farm machinery based upon an oral agreement allegedly made wherein and whereby...

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