Hauer v. Hauer
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon Frank Anderson, Judge. Proceeding in probate court 'by Fred Hauer, Ernest Hauer, E. A. Micklau, Otillie Bihrle, and Ririhold Micklau, against Otto F. Hauer, to contest the will of Natalie Hauer, deceased.
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Appeal from Circuit Court, Grant County. Hon Frank Anderson, Judge. Proceeding in probate court 'by Fred Hauer, Ernest Hauer, E. A. Micklau, Otillie Bihrle, and Ririhold Micklau, against Otto F. Hauer, to contest the will of Natalie Hauer, deceased. The county court having admitted the will to probate, contestants appealed from' such judgment and order to the circuit court, from a judgment of which latter court affirming the judgment and order so appealed from, contestants appeal. (2) To point two of the opinion, Appellants cited: Hill v. Davis, (Okla.) 167 Pac. 465, b. R. A¡. 1918B, 687; 40'…
1Opinion of the CourtMcCOY, J.
[1] This is an appeal from a judgment of the circuit court of Grant county, affirming a judgment and order of the county court admitting to probate the will of one Natalie Hauer, deceased. The probate of said will was opposed, and contest interposed on the grounds, first, that said testatrix had not sufficient mental capacity to make a will; second, undue influence and fraud in securing her to execute said will; and, third, that *377said will was not executed according to law. It appears that the testatrix executed said will on the 14th day of July, 1909, and died November 28, 1917, aged about 75…
2Cases cited4 opinions
- Gross v. BurnestonCourt of Appeals of Maryland · 1900
- Craig v. TrotterIllinois Supreme Court · 1911
- Sherbourne v. NollCalifornia Supreme Court · 1908
- Brengle v. TuckerCourt of Appeals of Maryland · 1911
3Cited by7 opinions
- Matter of Heer's EstateSouth Dakota Supreme Court · 1982
- Camperi v. ChiechiCalifornia Court of Appeal · 1955
- Ryan v. ChicoineSouth Dakota Supreme Court · 1952
- Will of ZychWisconsin Supreme Court · 1947
- In Re Ryan's EstateSouth Dakota Supreme Court · 1952
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