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IN RE ESTATE OF OLSON

No. 24768.

757 N.W.2d 219 (2008)

2008 SD 97

In the Matter of the ESTATE OF Joseph E. OLSON, Roger D. Olson, Personal Representative of the Estate of Joseph E. Olson, Marlys Sides, Kenwood Olson, Roger Olson, Nona Foster, Linda Torgrude and Ricky Olson, Plaintiffs and Appellants, v. Nora Olson, a/k/a Nora A. Olson, and Citizens State Bank, Sinai, South Dakota Branch, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers, Kleibacker & Brown, LLP, Madison, SD, for plaintiffs and appellants.

Gary J. Pashby, Michael F. Tobin of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, SD, for appellee, Citizens Bank.

Alan F. Glover of Glover & Helsper, PC, Brookings, SD, for appellee, Nora Olson.

SABERS, Justice.

[¶ 1.] At the time of Joseph E. Olson's ("Joe") death, ten certificates of deposit ("CDs") he purchased were held in joint ownership with his wife, Nora A. Olson ("Nora"). Joe's six children from a previous marriage claim that Joe intended the CDs' proceeds to go to them, rather than to Nora, upon Joe's death. The circuit court held: (1) Nora was a joint tenant with rights of survivorship to the CDs. We affirm Issue 1.(2) The court further held...

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