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IN RE ESTATE OF HEIBULT

No. 22290.

653 N.W.2d 101 (2002)

2002 SD 128

In the Matter of the ESTATE OF Anna K. HEIBULT, Deceased.

Supreme Court of South Dakota.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Gregory T. Brewers of Frieberg, Zimmer, Duncan, & Nelson, LLP, Beresford, for appellants C. Heibult, G. Scott and M. Silverlake.

Ronald A. Parsons, Jr., A. Russell Janklow of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, for appellee R. Heibult.

GILBERTSON, Chief Justice.

[¶ 1.] Anna K. Heibult executed a will in 1990 devising a larger portion of her property to Ronald Heibult, the youngest of her four children. In 1991, on a visit to California to see the three older siblings, Anna executed a second will and trust dividing the property equally. Neither the original nor a signed copy of the second will was ever found. When Anna died in February 2000, the three older siblings petitioned for adjudication...

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