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IN RE ESTATE OF SCHNELL

No. 22803.

683 N.W.2d 415 (2004)

2004 SD 80

In the Matter of the ESTATE OF Richard Martin SCHNELL.

Supreme Court of South Dakota.

Decided June 23, 2004.

Rehearing Denied August 2, 2004

Attorney(s) appearing for the Case

Leroy Hill of Leroy Hill Law Office, Belle Fourche, South Dakota, Attorney for appellant Casey Schnell.

Travis Jones of Beardsley, Jensen & Von Wald, Rapid City, South Dakota, Attorneys for appellee American Cancer Society.

Michael P. Ortner, Hot Springs, South Dakota, Attorney for appellee Elaine Mann.

SRSTKA, Circuit Judge.

[¶ 1.] Casey Schnell (Casey) contested his father's will that disinherited him and his brothers. Casey also sought an injunction to prevent the disposition of payable on death and transfer on death provisions of certain property that his father made. Casey alleged that his father, Richard M. Schnell (Richard), lacked testamentary capacity to make payable on death and transfer on death dispositions of his investments and to execute his last...

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