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NIESCHE v. WILKINSON

No. 26641.

841 N.W.2d 250 (2013)

2013 S.D. 90

Laurel NIESCHE, as Special Administratrix of the Estate of Mary Lou Fox, Plaintiff and Appellant, v. Todd D. WILKINSON, Administrator of the Estate of Robert Fox and Substitute Trustee of Silver Fox Trust, Appellee.

Supreme Court of South Dakota.

Decided December 11, 2013.

Attorney(s) appearing for the Case

Robert A. Martin , Rapid City, South Dakota, Attorney for plaintiff and appellant.

Michael J. Schaffer , Paul H. Linde of Schaffer Law Office, Prof. LLC, Sioux Falls, South Dakota, Attorneys for appellee.

ZINTER, Justice.

[¶ 1.] Laurel Niesche is the daughter of Mary Lou Fox. After Mary Lou died, Niesche sued Mary Lou's former husband, Robert Fox. Niesche alleged that Mary Lou jointly owned 960 acres of farmland with Robert. Niesche contended that Robert deprived Mary Lou of her ownership interest in the land, which deprived Niesche of an inheritance from Mary Lou. The circuit court granted Robert summary judgment. Niesche appeals.1

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