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NOVAK v. NOVAK

No. 24348.

741 N.W.2d 222 (2007)

2007 SD 108

Leonard NOVAK, Personal Representative of the Estate of Lillian Novak, Plaintiff and Appellant, v. Edward S. NOVAK, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 24, 2007.

Attorney(s) appearing for the Case

George J. Nelson of Abourezk Law Firm, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Kenneth R. Dewell of Johnson Eiesland Law Offices, P.C., Rapid City, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] As personal representative of the estate of his mother, Lillian Novak (Lillian), Leonard Novak (Leonard) sought a declaratory judgment to determine title to 640 acres of real property. The property was transferred to his brother, Edward Novak (Edward), in 1989 pursuant to their father's, Ernest Novak's (Ernest), will. The transfer was conditioned on Edward satisfying three conditions subsequent...

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