IN RE ESTATE OF KESLING

No. 26204.

822 N.W.2d 709 (2012)

2012 S.D. 70

In the Matter of the ESTATE OF James W. KESLING, Deceased.

Supreme Court of South Dakota.

Decided October 17, 2012.


Attorney(s) appearing for the Case

John R. Von Wald of Von Wald Law Offices, Selby, South Dakota, Attorney for appellant, Sandra L. Kesling.

Onna B. Houck of Cutler & Donahoe LLP, Sioux Falls, South Dakota, Attorney for appellee, Estate.


GILBERTSON, Chief Justice.

[¶ 1.] James W. Kesling executed a holographic will. After James died, the will was admitted into probate and James's three daughters were appointed as co-personal representatives of James's estate. Both the Estate and James's wife, Sandra, petitioned the circuit court to construe the will. The Estate moved for summary judgment and the circuit court granted the motion. Sandra appeals, arguing that the will is ambiguous, and thus, the...

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