MATTER OF ESTATE OF O'KEEFE

Nos. 20350, 20361.

583 N.W.2d 138 (1998)

1998 SD 92

In The Matter of The ESTATE OF Walter O'KEEFE, Deceased.

Supreme Court of South Dakota.

Decided August 12, 1998.


Attorney(s) appearing for the Case

Richard D. Casey of Strange, Farrell, Johnson & Casey, Sioux Falls, for appellants Gail and Loren Lange.

Dennis Duncan and Jeff Cole of Zimmer, Duncan & Cole, Parker, for appellee Bernetta Woelz.


AMUNDSON, Justice.

[¶ 1.] Gail and Loren Lange (Langes) appeal the circuit court's decision holding that they were not entitled to any portion of the punitive damages received by an estate, and that Langes' share of the estate was to be offset by the costs and attorney fees incurred in Langes' litigation with the estate. We affirm in part and reverse in part.

FACTS

[¶ 2.] Walter O'Keefe, the decedent in this case, died testate on November...

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