In re Larsen's Estate
South Dakota Supreme Court
Appeal from circuit court, Turner county; Hon. E. G. Smith, Judge. In the matter of the estate of Niels Larsen, deceased. Froma judgment sustaining objection-to the admission of the will of deceased to probate, Lars Peter Larsen appeals. When a testator marries after the making of a will, the will is not revoked in toto, but only to the extent that the widow would take under the law if the decedent had died intestate.
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Appeal from circuit court, Turner county; Hon. E. G. Smith, Judge. In the matter of the estate of Niels Larsen, deceased. Froma judgment sustaining objection-to the admission of the will of deceased to probate, Lars Peter Larsen appeals. When a testator marries after the making of a will, the will is not revoked in toto, but only to the extent that the widow would take under the law if the decedent had died intestate. Yandeveer v. Higgins et ah, 80N.W. 1043; Sanders v. Simcich, 2 Pac. 741; In re Ward, 35 N. W. 731; Graves v. Sheldon, 15 Am. Dec. 659; Hoit v. Hoit, 63 N. H. 475; Fellows v.…
1Opinion of the CourtFuller, J.
On the 9th day of December, 1893, while the marriage relation existed between Niels Larsen and Jensene Larsen, the husband, by his last will and testament, gave to his wife, Jensene, and to her son, Lars Peter Larsen, all his property, both real and personal. Thereafter, andón the 25th day of December, 1898, Jensene Larsen died, leaving no issue of her marriage with Niels Larsen, the testator. On the 5th day of October, 1900, Niels Larsen intermarried with Christina *337Johnson, and they continuously cohabited thereafter as husband and wife until March 1, 1903, when he departed this life, leaving…
2Cases cited2 opinions
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3Cited by9 opinions
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- In Re Golding's EstateNevada Supreme Court · 1938
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