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MATTER OF ESTATE OF BURK

No. 17061.

468 N.W.2d 407 (1991)

In the Matter of the ESTATE OF Kathryn BURK, Deceased.

Supreme Court of South Dakota.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Larry F. Hosmer of Kabeiseman, Hosmer & Kettering, Yankton, for proponent and appellee.

David Kroon and William P. Fuller of Woods, Fuller, Shultz & Smith, Sioux Falls, for contestant and appellant.

MOSES, Circuit Judge

Kathryn E. Burk (decedent) died on April 2, 1989. She is survived by a son, Walter Eberle Burk (Walter), and a daughter, Patty Laverne Burk (Patty). In this proceeding Walter challenges the validity of the will which decedent executed on January 8, 1987. This will, after providing for the payment of debts and funeral expenses, left the remainder of her estate to Patty. Walter's challenge is based on...

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