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MATTER OF ESTATE OF GREEN

No. 18164.

516 N.W.2d 326 (1994)

In the Matter of the ESTATE OF Carrol GREEN, Deceased.

Supreme Court of South Dakota.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Gary B. Ward, Viborg, for appellants Marcella Thompson, Executrix, Harlan Thompson, Merlyn Thompson and Marjean Goergen.

John P. Blackburn, Blackburn and Stevens, Yankton, for appellant Harlan Thompson.

Thomas H. Frieberg, Frieberg, Rudolph & Peterson, Beresford, for appellees, heirs of Miles Green.

MILLER, Chief Justice.

This appeal arises from an order for distribution under a constructive trust imposed on the estate of Carrol Green after a determination that her will violated a contract contained in a prior joint will. We affirm.

FACTS

Miles and Carrol Green, husband and wife, executed a joint will in June, 1964. Provision III declared that the survivor of the two would be entitled to all of the real, personal and mixed property they possessed...

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