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MATTER OF ESTATE OF KRAUSE

No. 16290.

444 N.W.2d 4 (1989)

In the Matter of the ESTATE OF Samuel KRAUSE, Deceased. Lloyd I. KRAUSE, as Executor of the Estate of Samuel Krause, and Lorraine Swanson, Plaintiffs and Appellants, v. Amanda KRAUSE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 5, 1989.

Attorney(s) appearing for the Case

James A. Wyly of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for plaintiffs and appellants.

Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for defendant and appellee.

SABERS, Justice.

Decedent's children appeal a judgment holding a family agreement unenforceable and distributing joint tenancy property to Amanda Krause (Amanda) as survivor.

Facts

Samuel Krause (Samuel) was born in 1897. He married in 1921 and had two children by the marriage; Lloyd Krause (Lloyd) and Lorraine Swanson (Lorraine). Samuel farmed in North Dakota until 1943, when he and his family moved...

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