Matter of Estate of Jetter

[¶ 45.] The plain language of SDCL 29A-2-101 mandates that words of disinheritance in a will apply to the testator’s property passing by intestate succession. The majority opinion results in distribution of Jetter’s estate to his intestate heirs which does not give this statute or the will their intended effect.

[¶ 46.] A reason exists why the Jetter heirs could not find any eases in three hundred years where an escheat was allowed when heirs existed. Before the Uniform Probate Code was adopted, no testator could disinherit heirs by will if his estate passed intestate. The Court should presume…