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MUHLBAUER v. ESTATE OF OLSON

No. 25761.

801 N.W.2d 446 (2011)

2011 S.D. 42

Jared MUHLBAUER and Luke Muhlbauer, Plaintiffs and Appellees, v. ESTATE OF Glenn E. OLSON, Defendant, and James W. Olson and Gary E. Olson, Intervenors and Appellants, v. Estate of Glenn E. Olson, Defendant.

Supreme Court of South Dakota.

Decided July 27, 2011.

Attorney(s) appearing for the Case

Sheila S. Woodward of Johnson, Miner, Marlow, Woodward & Huff, LLP, Yankton, South Dakota, Attorneys for appellees.

Robert W. Klimisch of Goetz and Klimisch, Yankton, South Dakota, Attorneys for appellants.

GILBERTSON, Chief Justice.

[¶ 1.] The personal representative of an estate sold real property that had been specifically devised to several heirs. This Court ruled in a previous appeal that the personal representative lacked the authority to sell the property. We remanded the case to allow the buyers of the real property to intervene to protect their interests. After remand, the buyers filed suit against the estate...

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