Legal Opinion

Kittleson Estate v. Kittleson

South Dakota Supreme Court

Decided June 24, 1919No. File No. 4503PublishedCited by 4 opinions

Appeal from Circuit ■ Court, Aurora County. Hon. Frank B. Smith, Judge. In the matter, of the Estate of Ole Kittleson, deceased. From an order and judgment denying probate of an alleged will, Holver Kittleson and others, proponents, and from an order denying a new trial, proponents appeal.

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Appeal from Circuit ■ Court, Aurora County. Hon. Frank B. Smith, Judge. In the matter, of the Estate of Ole Kittleson, deceased. From an order and judgment denying probate of an alleged will, Holver Kittleson and others, proponents, and from an order denying a new trial, proponents appeal. (1) To point one of the opinion, Appellants cited: •Spier v. Spier, 157 N. W. 1014; Rose v. Taylor, (S. D.) 165 N. W. 1079. (2) To point two, -Respondents cited: Ross v. Taylor, (S. -D.) 165 N. W., 1080. (3) To point three, Appellants cited: S. R. 93-8, L. R. A. 822, Note 825-114 Ans. St. Ref. 209-239- (4)…

1Opinion of the CourtSmith, P. J.

Appeal from an order denying probate of an alleged will and from an order denying motion for new trial. The trial court found that the testator, Ole Kittleson, at the time of his death, was aged and infirm and about 94 years of age; *128was born in Norwa) and came to this country about r86i; that he was not able to read, write, or speak, or transact business in the English language; that on the 1st day'of December, 1909, when he was about 90 years old, the deceased signed an instrument which, on the fact thereof, purported to >be his last will and testament, and that by terms of said instrument…

2Cases cited1 opinion

  1. Ross v. TaylorSouth Dakota Supreme Court · 1917

3Cited by4 opinions

  1. In Re Rowland's EstateSouth Dakota Supreme Court · 1945
  2. Ryan v. ChicoineSouth Dakota Supreme Court · 1952
  3. In Re Ryan's EstateSouth Dakota Supreme Court · 1952
  4. Swenson v. KennedySouth Dakota Supreme Court · 1946

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