Matter of Estate of Smith

MILLER, Chief Justice.

This is an appeal from the circuit court’s order admitting Sidney Smith’s will dated June 20, 1988, to probate and its finding that the disputed lifetime gifts and transfers by Smith were not the result of fraud. We reverse and remand.

*472FACTS

Sidney Smith died on December 4, 1988, at the age of seventy-eight. Before retiring in 1976, he worked thirty-eight years as a sanitation truck driver in Rapid City, South Dakota, where he lived with his wife Ruby. Smith and Ruby had no children. However, Ruby’s son, Frank Simpson, lived with them when he was a child.

Smith and Ruby…