Porter v. Mad Bear

The single question raised by this appeal which merits our consideration is whether the plaintiff was without legal capacity to bring the action.

To provide a sufficient background for our decision, we briefly outline a portion of the facts developed at the trial.

Robert Francis Mad Bear, who operated a ranch near Wakpala, Corson county, died in May 1954. In June 1954 Gertrude Mad Bear, his widow, filed her petition in County Court of Corson County, for summary administration; she represented that his estate consisted of 21 cows, 21 calves, 1 yearling heifer, 1 bull and 8 horses, of the…