MATTER OF ESTATE OF LINNELL

Nos. 15101, 15220.

388 N.W.2d 881 (1986)

In the Matter of the Estate of Donald LINNELL, Deceased.

Supreme Court of South Dakota.

Decided June 4, 1986.


Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Davis, Gregory, for appellant Sampson.

Robert L. Chavis, Yankton, for appellants Eugene and Lee Linnell.

Richard D. Hagerty, Yankton, for appellee Troxell.


HENDERSON, Justice.

ACTION

This case involves two appeals. The first and main appeal is by Edith Sampson (Edith). Edith appeals a Judgment admitting to probate the Will of her brother, Donald Linnell (Donald). Edith contends (1) Donald was not competent to execute a will and (2) that the Will was procured by undue influence. Lee and Eugene Linnell, adopted sons of Donald's deceased brother, file a second appeal from an Order dismissing them from the action...

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