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IN RE ESTATE OF GINSBACH

No. 24741.

757 N.W.2d 65 (2008)

2008 SD 91

In the Matter of the ESTATE OF Joseph V. GINSBACH, Deceased.

Supreme Court of South Dakota.

Decided October 1, 2008.

Attorney(s) appearing for the Case

Brad P. Gordon of Tellinghuisen & Gordon, P.C., Spearfish, SD, for appellant Raymond A. Ginsbach.

David L. Claggett, Spearfish, SD, for appellees Estate of Joseph V. Ginsbach, Mary Kay Cheshier, Personal Representative.

KONENKAMP, Justice.

[¶ 1.] Ray Ginsbach and his brother, Joe, were partners in a plumbing business. According to Ray, they were also partners in J & R Rentals. After Joe died, Ray continued to operate J & R Rentals, assuming that certain real estate was an asset of the partnership. When a court declared that the real estate was the property of Joe's estate, Ray filed a claim against the estate seeking reimbursement for services and materials provided...

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