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ESTATE OF DUCHENEAUX v. DUCHENEAUX

No. 27086.

861 N.W.2d 519 (2015)

2015 S.D. 11

ESTATE OF Wayne Kenneth DUCHENEAUX, Plaintiff and Appellant, v. Douglas DUCHENEAUX, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 11, 2015.

Attorney(s) appearing for the Case

Terry L. Pechota of Pechota Law Office, Rapid City, South Dakota, Brad A. Schreiber of The Schreiber Law Firm, Prof. LLC, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Casey N. Bridgman , Clay A. Anderson , of Bridgman & Anderson Law Firm, Prof. LLC, Wessington Springs, South Dakota, Attorneys for defendant and appellee.

[¶ 1.] The Estate of Wayne Kenneth Ducheneaux appeals the Sixth Judicial Circuit Court's denial of its motion for summary judgment and that court's dismissal of the Estate's action for lack of subject matter jurisdiction. The Estate argues Wayne Ducheneaux (the Decedent) lacked the requisite mental capacity, or was...

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