Matter of Estate of Modde

(on reassignment).

This is an appeal from the judgment of the circuit court denying Al Henle’s (appellant) petition for summary administration and admitting an unsigned copy of a will of Charles T. Modde, decedent, to probate and allowing John L. Modde (appellee) to proceed with his petition for summary administration. We affirm.

Decedent died on September 23, 1978. His heirs-at-law consist of nephews, nieces, grandnephews and grandnieces. There was no signed written will found at the time of decedent’s death or at any time since his death.

In 1955, decedent lived in Sioux Falls, South Dakota,…