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IN RE ESTATE OF SIEBRASSE

No. 21968.

640 N.W.2d 747 (2002)

2002 SD 26

In the Matter of the ESTATE OF Henry SIEBRASSE, Deceased.

Supreme Court of South Dakota.

Decided February 20, 2002.

Rehearing Granted March 22, 2002.

Attorney(s) appearing for the Case

Stanley E. Whiting, Winner, for appellant, Delbert Siebrasse.

Craig E. Smith of Neumayr and Smith, Gettysburg, for appellee, Estate and Personal Representative, Donald Siebrasse.

GORS, Acting Justice.

[¶ 1.] Delbert Siebrasse (Delbert) appeals the trial court's order for complete settlement after formal probate proceedings. We reverse.

FACTS AND PROCEDURE

[¶ 2.] This is a probate dispute between two brothers. Henry Siebrasse (Father) died May 1, 1999. He was survived by two sons, Donald and Delbert, and one daughter, Leola Siebrasse Hall (Leola). After a formal petition was filed, Father's will was admitted to probate...

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