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MATTER OF ESTATE OF BERG

No. 14344.

355 N.W.2d 13 (1984)

In the Matter of the ESTATE OF Gregory D. BERG, Deceased. Lori Ann BERG, Petitioner and Appellee, v. Frances ZURAFF, Appellant.

Supreme Court of South Dakota.

Decided September 20, 1984.

Attorney(s) appearing for the Case

Richard J. Corcoran of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for petitioner and appellee.

John A. Hurley of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for appellant.

MOSES, Circuit Judge.

This is an appeal from an order which allowed a surviving spouse to rescind a disclaimer of her interest in her husband's estate. We affirm.

Decedent, Gregory Berg, died in an automobile accident on July 24, 1982. He left a surviving spouse, Lori Ann Berg, appellee herein, and no living issue.

Decedent and his wife had been having marital difficulties and were, at the time of the accident, separated. Because of the conflicting...

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