MATTER OF ESTATE OF PIERCE

No. 18840.

531 N.W.2d 573 (1995)

In the Matter of the ESTATE OF Elmer G. PIERCE, Deceased.

Supreme Court of South Dakota.

Decided May 10, 1995.


Attorney(s) appearing for the Case

A. William Spiry and Dana J. Frohling of Spiry & Frohling, Britton, for appellant Dennis Stephens.

Craig E. Smith of Neumayr and Smith, Gettysburg, for appellees Estate, Eleanor G. Thompson, Sam R. Jones, William R. Jones, Jr., Lori Dorathy, Kimberly Davis, and Bradley Jones.

James C. Robbennolt of Olinger, Lovald, Robbennolt & McCahren, P.C., Pierre, for appellee Stanley E. Jones.


SABERS, Justice.

Decedent prepared and signed a handwritten document completely in his own writing, to put his "wishes" in writing due to an impending operation. It purported to lease land and machinery to a neighbor for ten years. The trial court excluded oral declarations of decedent in determining that the document was not executed with testamentary intent and character and denied admission to probate. We reverse and remand.

FACTS

Elmer G. Pierce...

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