Legal Opinion

In re Nelson's Estate

South Dakota Supreme Court

Decided December 14, 1910PublishedCited by 6 opinions

Appeal from Circuit Court, Clay County. Hon. E. G. Smith, Judge. Petition by Neis Nelson and others, legatees under the will of Erick Nelson, deceased, to open the final account of C. J. Gunderson, executor. From a judgment of the circuit court, opening the decree for re-examination of the final account rendered on appeal from an order of the county court denying the petition, the executor appeals.

1Opinion of the CourtWhiting, P. J.

One Nelson died a resident of Clay county, S-. D., leaving a will in which appellant was named as executor. Such will was admitted to probate .and the appellant appointed executor. Said estate having been fully administrated upon, the appellant, as executor, presented to the county court his final report, together with a petition for distribution of the éstate. Date for hearing such final report arrived and no objection being filed thereto, such report was, by decree of the county court, in all things approved and allowed. Within a very few days and prior to final distribution of said estate,…

2Cases cited3 opinions

  1. Ralston v. LaheeSupreme Court of Iowa · 1859
  2. Keating v. Michigan Central RailroadMichigan Supreme Court · 1892
  3. Grimsby v. HudnellSupreme Court of Georgia · 1886

3Cited by6 opinions

  1. In Re Smith's EstateSouth Dakota Supreme Court · 1955
  2. Matter of Estate of AlthenSouth Dakota Supreme Court · 1988
  3. Clauson v. Western Surety Co.South Dakota Supreme Court · 1936
  4. In Re Parker's EstateSouth Dakota Supreme Court · 1944
  5. Ark of Refuge Rest Home Corp. v. ParkerSouth Dakota Supreme Court · 1944

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