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ESTATE OF HENDERSON v. ESTATE OF HENDERSON

No. 26316.

823 N.W.2d 363 (2012)

2012 S.D. 80

ESTATE OF Walter G. HENDERSON, David Henderson, Personal Representative, Plaintiff and Appellee, v. ESTATE OF Dora R. HENDERSON, Susan R. Henderson, Personal Representative and Individually, Defendant and Appellant. and Estate of Andrew M. Henderson, a/k/a A.M. Henderson, Deceased, Roger A. Hubbard, Sharon M. Henderson Bouck and Unknown Defendants A-D, Defendants.

Supreme Court of South Dakota.

Decided November 20, 2012.

Attorney(s) appearing for the Case

Kenneth E. Barker , Timothy J. Vander Heide , Bradley P. Gordon of Barker Wilson Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for plaintiff and appellee.

Patrick Duffy , Rapid City, South Dakota, Attorney for defendant and appellant.

WILBUR, Justice.

[¶ 1.] Walter Henderson (Walter) brought a quiet title action to claim ownership of an undivided 30 percent interest in a mineral estate in Fall River County, South Dakota. Following a court trial, which confirmed Walter's ownership of the mineral interest in fee, Walter's half-sister, Susan Henderson (Susan), individually and as a representative of her deceased mother, Dora Henderson's (Dora) estate, appeals to this Court arguing that Walter...

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