IN RE ESTATE OF SEEFELDT

No. 23843.

720 N.W.2d 647 (2006)

2006 SD 74

The ESTATE OF Merritt A. SEEFELDT, Sr., Deceased.

Supreme Court of South Dakota.

Decided August 9, 2006.


Attorney(s) appearing for the Case

Gary W. Schumacher, Todd D. Wilkinson of Wilkinson & Wilkinson, DeSmet, South Dakota, Jonathan K. Van Patten, Vermillion, South Dakota, Attorneys for appellant Estate.

Roger W. Ellyson, Roger W. Ellyson, P.C., Watertown, South Dakota, Attorney for appellee Melanie Smith.


ZINTER, Justice.

[¶ 1.] Testator's Last Will and Testament granted his three sons an option to purchase certain farm land from the Estate. The will "suggested" that one or all of three friends (two neighbors and an attorney) would appraise the land to determine the option price. The two neighbors ultimately appraised the land on a cash flow basis. Testator's daughter objected and submitted a fair market value appraisal from an independent, professional appraiser...

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