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MATTER OF ESTATE OF SMITH

Nos. 17496, 17513.

481 N.W.2d 471 (1992)

In the Matter of the ESTATE of Sidney J. SMITH.

Supreme Court of South Dakota.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Doyle D. Estes, Rapid City, for appellant Frank V. Simpson; Nora K. Kelley, Rapid City, on brief.

Robert A. Martin, Rapid City, for appellee Merry Lewis Lambson.

MILLER, Chief Justice.

This is an appeal from the circuit court's order admitting Sidney Smith's will dated June 20, 1988, to probate and its finding that the disputed lifetime gifts and transfers by Smith were not the result of fraud. We reverse and remand.

FACTS

Sidney Smith died on December 4, 1988, at the age of seventy-eight. Before retiring in 1976, he worked thirty-eight years as a sanitation truck...

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