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WATERTOWN CONCRETE PRODUCTS v. FOSTER

No. 21688.

630 N.W.2d 108 (2001)

WATERTOWN CONCRETE PRODUCTS, INC., a South Dakota Corporation, Plaintiff and Appellee, v. Thomas FOSTER, Executor of the Estate of Ramsey Marlowe Foster, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 20, 2001.

Attorney(s) appearing for the Case

J. Douglas Austin of Austin, Hinderaker, Hopper, Strait & Bratland, Watertown, SD, Attorneys for plaintiff and appellee.

Robert M. Ronayne of Ronayne and Wein, Aberdeen, SD, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] This is a creditor's action against an estate. Probate proceedings were commenced before the effective date of the Uniform Probate Code (UPC), but this action was brought after the code's effective date. The question is which law applies. We affirm the trial court's conclusion that the plain language of SDCL 29A-8-101 requires that this action be governed by the UPC.

A.

[¶ 2.] Ramsey Marlowe Foster died on August...

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