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MATTER OF ESTATE OF DETERMAN

No. 17127.

472 N.W.2d 239 (1991)

In the Matter of the ESTATE OF Robert L. DETERMAN, Deceased.

Supreme Court of South Dakota.

Decided June 19, 1991.

Attorney(s) appearing for the Case

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

Richard A. Glynn of Holland, Brantseg & Glynn, Sisseton, for appellee Ruth Determan.

Richard Kolker of Maloney, Kolker, Fritz, Hogan & Johnson, Groton, for appellants.

MILLER, Chief Justice

Lorene S. Determan (Lorene) appeals a circuit court order dismissing her petition for an elective share of the estate of Robert Determan (Robert). We affirm.

FACTS

Lorene and Robert were married in 1964. Although the two did not live together for at least ten years before Robert's death, they were never divorced. Robert died intestate on September 25, 1983. At that time, SDCL 30-5A-6 gave a surviving spouse two months from the...

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