State v. Nieuwenhuis

BURCH, C.

This action involves the contest of a lost will and for the third time is before us on appeal. Henry P. Tjarks died on the 9th day of January, 1916. Some eight months later, September 30, 19x6, a petition 'was filed in the county court of Charles Mix county to probate his will. It was claimed that Tjarks had made a will, which was destroyed after his death by accident, and proceedings were had to probate the will as a lost will.under the provisions of section 3213 to section 3216, inclusive. Said Tjarks left no heirs capable of inheriting from, him, and the state of South Dakota,…