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IN RE ESTATE OF GUSTAFSON

No. 24072.

731 N.W.2d 922 (2007)

2007 SD 46

ESTATE OF Brian Lee GUSTAFSON, Deceased.

Supreme Court of South Dakota.

Decided May 2, 2007.

Attorney(s) appearing for the Case

Shawn M. Nichols of Cadwell, Sanford, Deibert & Garry, L.L.P. Sioux Falls, South Dakota, Attorneys for appellant Suzanne Gustafson.

Thomas E. Alberts, Avon, South Dakota, Bradley D. Kerner of Kerner Law Office Armour, South Dakota, Attorneys for appellees Jan Klahs and Steve Gustafson.

MEIERHENRY, Justice.

[¶ 1.] After Brian Lee Gustafson (Decedent) died, his siblings filed a Petition for Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative (Petition of Intestacy). Decedent's former wife, Suzanne Gustafson (Suzanne), objected and argued that a copy of Decedent's will should defeat the claim of intestacy. The trial court granted the petition and denied Suzanne's objection. Suzanne appeals and we affirm...

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