MATTER OF ESTATE OF BORSCH

No. 14226.

353 N.W.2d 346 (1984)

In the Matter of the ESTATE OF Frederick G. BORSCH, Deceased.

Supreme Court of South Dakota.

Decided August 1, 1984.


Attorney(s) appearing for the Case

A.P. Fuller of Amundson & Fuller, Lead, for Alan and Liselotta Herbert, intervenors and appellants.

Jon Mattson of Driscoll, Mattson, Rachetto & Christensen, Deadwood, for Jeraldine Fahrni, Rose Borsch, and Chester Borsch, Jr., contestants and appellees.


HENDERSON, Justice.

This is a civil appeal arising from a judgment declaring two wills invalid. We affirm.

In January of 1980, Frederick G. Borsch had written a will dividing his property among several friends and his niece, Jeraldine Fahrni. Upon being shown this will, Alan Herbert, a close friend, advised Borsch that it "won't stand up for thirty seconds." On March 20, 1981, Borsch executed another will, leaving virtually all of his property to Alan and...

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