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MATTER OF ESTATE OF ALTHEN

Nos. 15847, 15872.

429 N.W.2d 745 (1988)

In the Matter of the ESTATE OF John ALTHEN, Deceased.

Supreme Court of South Dakota.

Decided September 28, 1988.

Attorney(s) appearing for the Case

John L. Morgan of Morgan, Theeler, Cogley & Padrnos, Mitchell, for appellant Estate of Bess McQuade.

Douglas R. Bleeker, Mitchell, for appellee Florence Gjesdal.

E. Steeves Smith of Tinan, Smith & Taylor, Mitchell, for appellee Commercial Trust & Sav. Bank.

TSCHETTER, Circuit Judge.

This is an appeal from a final decree of distribution of trial court. Trial court had approved prior accountings of executors. Trial court was requested to set aside the approval of first accounting of executors and refused to do so. We affirm the trial court on the issue of the finality of the first accounting. We remand for specific findings of fact regarding fraud of attorney on matters relating to final accounting.

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