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MATTER OF ESTATE OF SMEENK

#29580.

978 N.W.2d 383 (2022)

2022 S.D. 41

In the MATTER OF the ESTATE OF Neil William SMEENK, Deceased.

Supreme Court of South Dakota.

OPINION FILED July 20, 2022.

Attorney(s) appearing for the Case

KATELYN A. COOK , TALBOT J. WIECZOREK of Gunderson, Palmer, Nelson and Ashmore, LLP, Rapid City, South Dakota, Attorneys for appellant Denise Schipke-Smeenk.

JOHN W. BURKE , KIMBERLY S. PEHRSON of Thomas, Braun, Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for appellee Ryan William Smeenk.

[¶1.] Denise L. Schipke-Smeenk and Neil Smeenk, as husband and wife, executed mutual wills (2017 Wills) and an agreement that neither party would revoke their respective wills without the other's consent (Agreement). Neil later executed a new will (2019 Will) without Denise's consent. After Neil's death, the circuit court...

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