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MATTER OF ESTATE OF LINGSCHEIT

No. 15049.

387 N.W.2d 738 (1986)

In the Matter of the ESTATE OF Louis Dale LINGSCHEIT, Deceased.

Supreme Court of South Dakota.

Decided May 28, 1986.

Attorney(s) appearing for the Case

Robert G. Marmet of Marmet & Armstrong, Centerville, for appellants Daniel Thompson, Keith Thompson, and Wayne Thompson, individually and on behalf of their children; Kathleen J. Armstrong of Marmet & Armstrong, Centerville, on brief.

Henry Horstman of Horstman, Braley & Luebke, Parkston, for Executor Francis Laber.

James D. Taylor of Tinan, Padrnos, Smith & Taylor, Mitchell, for appellee Estelle Lingscheit.

HENDERSON, Justice.

PROCEDURAL BACKGROUND/FACTS

This is an appeal from a Decree of Final Distribution of (Lingscheit) Estate. We affirm in part, reverse in part, and remand.

Louis Dale Lingscheit (Decedent), died on March 14, 1981. Decedent had a valid will and at the time of his death, Decedent was domiciled in Oklahoma. Decedent left no issue, but he was survived by his wife, Estelle Lingscheit (Wife), three nephews, Wayne, Keith, and Dan Thompson...

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