Bem v. Bem
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by Lottie Bem, Frank J. Bem, and Arthur A. Bem against Emilie Bem, impleaded with-Bem, and Fred Heiser, administrator of the estate of Frank Bem, deceased. Plaintiffs had judgment, and defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by Lottie Bem, Frank J. Bem, and Arthur A. Bem against Emilie Bem, impleaded with-Bem, and Fred Heiser, administrator of the estate of Frank Bem, deceased. Plaintiffs had judgment, and defendants appeal. The facts are stated in the opinion. In actions to set aside deeds absolute on their face, with no restrictions or qualifications whatever, by extraneous proof, and to declare a trust not apparent on the face of the document itself the proof must be clear and convincing. Falsken v. Harkendorf, 7 N. W. Rep. 749;…
1Opinion of the CourtKellam, J.
Respondents, who were plaintiffs below, are the children of Frank Bem, deceased, by a first wife. Appellant Emilie Bem is the second wife and is the wfidow of said Frank Bem, deceased. ■-Bem is their infant child. The general purpose of the action was to have certain property, real and personal, standing in the name of and claimed by appellant as her own, adjudged and declared to be of the estate of said Bem, deceased, and subject to be distributed as such. Fred Heiser, as administrator, refusing to bring the action, it was brought by respondents, as already stated, and the administrator was…
2Cases cited2 opinions
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Adlard v. AdlardIllinois Supreme Court · 1872
3Cited by10 opinions
- Bem v. ShoemakerSouth Dakota Supreme Court · 1898
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Kary v. KarySouth Dakota Supreme Court · 1982
- Watt v. MorrowSouth Dakota Supreme Court · 1905
- Bem v. ShoemakerSouth Dakota Supreme Court · 1895
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