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IN RE ESTATE OF OLSON

No. 24898.

759 N.W.2d 315 (2008)

2008 SD 126

In Matter Of ESTATE OF Glenn E. OLSON, Deceased.

Supreme Court of South Dakota.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Thomas E. Alberts, Avon, South Dakota, Attorney for appellants James W. Olson and Gary E. Olson.

Craig K. Thompson, Vermillion, South Dakota, Attorney for appellees Estate of Glenn E. Olson and Wayne A. Olson, as Personal Representative.

Sheila S. Woodward Steven K. Huff of Johnson, Miner, Marlow, Woodward & Huff, L.L.P., Yankton, South Dakota, Attorneys for appellees Jared and Luke Muhlbauer.

ZINTER, Justice.

[¶ 1.] Over the objection of the personal representative,1 two specific devisees in the Estate of Glenn Olson (the Estate) moved to intervene in an Estate proceeding. The proceeding involved a third party claim to real property the devisees stood to inherit under the will. The devisees appeal the denial of their motion to intervene. Under the unusual circumstances of this case, we reverse.

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