MATTER OF ESTATE OF PERRY

No. 20139.

582 N.W.2d 29 (1998)

1998 SD 85

In the Matter of the ESTATE OF Oliver Paul PERRY, Deceased.

Supreme Court of South Dakota.

Decided July 29, 1998.


Attorney(s) appearing for the Case

Dennis Duncan of Zimmer, Duncan & Cole, Parker, for Dorris Gleaton.

Thomas J. Johnson, Sioux Falls, for Bonita B. Sills and Gary P. Brown.


AMUNDSON, Justice.

[¶ 1.] After husband's death, guardians for the estate of wife, who is an incompetent, challenged the validity of asset transfers purportedly made according to three separate powers of attorney, among other issues. The trial court ruled that wife was incompetent at the time of the execution of the powers. Therefore, the court held the transfers made pursuant to those instruments and challenged by the guardians were invalid. The personal representative...

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