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MATTER OF ESTATE OF JETTER

Nos. 19999, 20020.

570 N.W.2d 26 (1997)

1997 SD 125

In the Matter of the ESTATE OF Robert G. JETTER, Deceased.

Supreme Court of South Dakota.

Decided October 29, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, David D. Wiest, Assistant Attorney General, Pierre, for appellant State of South Dakota.

Ronald C. Aho, Brookings, for appellee heirs of Frances Schwab Jetter.

James C. Robbennolt, Pierre, Joseph M. Butler and Allen G. Nelson, Rapid City, for appellee heirs of John Carl Jetter.

GILBERTSON, Justice.

[¶ 1.] The State of South Dakota and the Office of the Commissioner of School and Public Lands (State) appeal from a trial court's order denying the State's claim of escheat. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Robert G. Jetter (Jetter) and his brother Martin farmed and ranched together in Haakon County near Milesville, South Dakota. Neither brother ever married nor had children. They spent their entire lives solely...

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