MATTER OF ESTATE OF SWOYER

No. 16273.

439 N.W.2d 823 (1989)

In the Matter of the ESTATE OF Pearl SWOYER, Deceased.

Supreme Court of South Dakota.

Decided May 3, 1989.


Attorney(s) appearing for the Case

Wayne D. Groe of Stickney & Groe, Elk Point, for appellant, Eldean Swoyer.

Robert B. Frieberg of Frieberg, Peterson & Travis, Beresford, for appellee/executrix Jacqueline Swoyer; Thomas H. Frieberg of Frieberg, Peterson & Travis, Beresford, on the brief.


SABERS, Justice.

Eldean Swoyer (Eldean) appeals a decree of distribution of the estate of Pearl Swoyer (Pearl), based on a claim of ademption.

Facts

The parties stipulated to the facts pursuant to SDCL 15-26A-55.

Pearl died testate on June 24, 1985, at the age of 104. Pearl and her husband, John Swoyer (John), operated a farm near Richland, South Dakota, and had four children, Eldean, Golda, Teressa, and James. John died intestate...

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