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MATTER OF ESTATE OF SMITH

Nos. 18226, 18246.

520 N.W.2d 80 (1994)

In The Matter of the ESTATE OF Sidney J. SMITH, Deceased.

Supreme Court of South Dakota.

Decided August 10, 1994.

Rehearing Denied September 14, 1994.

Attorney(s) appearing for the Case

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

Doyle D. Estes, Rapid City, and Nora Kelley of Kelley Law Office, Rapid City, for appellee Frank V. Simpson.

AMUNDSON, Justice.

In Matter of Estate of Smith, 481 N.W.2d 471 (S.D.1992) (Smith I), this court found a confidential relationship existed between decedent Smith and appellant Merry Lambson (Lambson) and remanded the matter to the trial court for reconsideration. On remand, the trial court invalidated Sidney Smith's will and other transactions on the basis of undue influence exercised in its preparation. Lambson appeals...

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