Legal Opinion

Matter of Estate of Swoyer

South Dakota Supreme Court

Decided May 3, 1989No. 16273PublishedCited by 2 opinions

1Opinion of the Court

SABERS, Justice.

Eldean Swoyer (Eldean) appeals a decree of distribution of the estate of Pearl Swoyer (Pearl), based on a claim of ademption.

Facts

The parties stipulated to the facts pursuant to SDCL 15-26A-55.

Pearl died testate on June 24, 1985, at the age of 104. Pearl and her husband, John Swoyer (John), operated a farm near Richland, South Dakota, and had four children, Eldean, Golda, Teressa, and James. John died intestate in 1951. Under the intestate laws, Pearl received one-third of the estate, with a life estate in the remaining two-thirds. Eldean, Golda, and James each received…

2Cases cited12 opinions

At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987
In Re Bierstedt's EstateSupreme Court of Iowa · 1963
Estate of MasonCalifornia Supreme Court · 1965
State v. ColeSupreme Court of Iowa · 1965
In Re Estate of WolfeSupreme Court of Iowa · 1973

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Matter of Estate of CarpenterSupreme Court of Iowa · 1995
Beckmann v. DensmoreSupreme Court of Iowa · 1995