Legal Opinion · Dissent

In Re Vasgaard's Estate

South Dakota Supreme Court

Decided March 6, 1934No. File No. 7647Published

1DissentWarren, J.

The heirs of the estate of Endre J. Vasgaard entered) into' a written agreement disposing of the assets of the estate and by so doing the provisions of the will have been completely nullified. There is nothing of it left upon which the court can act; that is, it leaves the person named in the will as executor without >any estate to administer and surely no property over which he can exercise dominion and control.

It may be argued) that a will naming an executor, properly executed, is a will. Such cannot be the intention and the real meaning of a will. Sections 604 to 698, inclusive, of the S.…

2Cases cited1 opinion

  1. Haugen v. LarsonSouth Dakota Supreme Court · 1932

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