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BAUN v. ESTATE OF KRAMLICH

No. 22379.

667 N.W.2d 672 (2003)

2003 SD 89

LoiS BAUN, Jerry Baun and Daniel Baun, Petitioners and Appellants, v. ESTATE OF Lila KRAMLICH and Evelyn M. Nelson, Trustee of the Lila Kramlich Living Trust, Respondents and Appellees.

Supreme Court of South Dakota.

Decided July 23, 2003.

Attorney(s) appearing for the Case

H.I. King of Tonner, Tobin & King, Aberdeen, South Dakota, Attorneys for petitioners and appellants.

Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, South Dakota, Attorneys for respondents and appellees.

KONENKAMP, Justice.

[¶ 1.] This is an appeal brought by the unsuccessful contestants to the will and trust of Lila Kramlich. In trial, the contestants alleged that Lila (1) was under undue influence; (2) was not of sound mind when she executed the documents; and (3) omitted the contestants from her trust and will by mistake. The trial court held that Lila was competent when she signed the instruments. Because we conclude that the court was not clearly erroneous...

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