Marker v. Van Gerpen
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by Roy B. Marker, as general guardian of Henrietta Van Gerpen, an incompetent person, against John Van Gerpen, anldl others to -rescind a contract and transfer of property by plaintiffs,’ incompetent. From- -an order following a judgment for plaintiff, refusing a new trial, defendants appeal; and, from an order of the court refusing to modify its 'conclusions, plaintiff appeals.
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Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by Roy B. Marker, as general guardian of Henrietta Van Gerpen, an incompetent person, against John Van Gerpen, anldl others to -rescind a contract and transfer of property by plaintiffs,’ incompetent. From- -an order following a judgment for plaintiff, refusing a new trial, defendants appeal; and, from an order of the court refusing to modify its 'conclusions, plaintiff appeals. (2) To point -two of the opinion, Respondent and Cross-Appellant cited: 6 R. C. D. “Contracts” 626; 10 R. C. L. “Equity” Sec. 72-74, and…
1Opinion of the Court
WHITINíG, P. J.
Frank K. Van Gerpen died intestate leaving as his heirs 'his. widow, the real plaintiff herein, and his sons and daughters, defendants herein. We will use the term “plaintiff” as referring to such widow. Both the deceased and plaintiff had -been married prior to. their intermarriage. Defendants were children of his prior marriage and were adults at time of his death. Plaintiff -had two children by her former marriage who were still living at the time of Van Ge-rpen’s death and who were both adults. Soon after Van Gerpen’s. death, plaintiff, by written instruments, transferred…
2Cases cited4 opinions
- Roach v. CaraffaCalifornia Supreme Court · 1890
- Gunter v. JanesCalifornia Supreme Court · 1858
- Meade County v. WelchSouth Dakota Supreme Court · 1914
- Kinkaid v. RossaSouth Dakota Supreme Court · 1913
3Cited by10 opinions
- Harrington v. HarringtonNorth Dakota Supreme Court · 1985
- Ewing v. WaddingtonSouth Dakota Supreme Court · 1933
- In Re Zech's EstateSouth Dakota Supreme Court · 1942
- Marchant v. National Reserve Co. of AmericaUtah Supreme Court · 1943
- Tsiolis v. HatterscheidtSouth Dakota Supreme Court · 1971
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