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MATTER OF ESTATE OF EBERLE

No. 18033.

505 N.W.2d 767 (1993)

In the Matter of the ESTATE OF Mary EBERLE, Deceased.

Supreme Court of South Dakota.

Decided September 8, 1993.

Rehearing Denied October 15, 1993.

Attorney(s) appearing for the Case

Charles L. Dorothy, Sioux Falls, for appellant Benjamin Eberle.

A.J. Swanson, Swanson and Hughes, Sioux Falls, for appellee Gretchen S. Taute.

Acie W. Matthews, Pruitt, Matthews & Jorgensen, Sioux Falls, for appellee Julie Ann Koester.

TUCKER, Circuit Judge.

Ben Eberle (Ben) appeals from an order which enforced the March 12, 1992, stipulation and agreement of the parties. We affirm.

FACTS

Mary D. Eberle died January 27, 1983, survived by three adult step-children, Ben, Gretchen Taute (Gretchen), and Julie Koester (Julie). On March 14, 1983, Ben and Julie were appointed as co-executors of the estate. Mary's will left all of her assets to

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