In re McClellan's Estate
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. ERANK B. Smith, Judge. Proceedings in probate, in re administration of the estate of John S. McClellan, deceased', in which James S. McClellan and others appeared, claiming to be heirs at law of intestate; the state intervening and claiming that intestate died without heirs.
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Appeal from Circuit Court, Minnehaha County. Hon. ERANK B. Smith, Judge. Proceedings in probate, in re administration of the estate of John S. McClellan, deceased', in which James S. McClellan and others appeared, claiming to be heirs at law of intestate; the state intervening and claiming that intestate died without heirs. Prom a judgment of the circuit court for intervener, upon trial de novo on appeal from a judgment of the county court for inter-vener State, claimants appeal.
1Opinion of the CourtMcCOY, J.
One John McClellan, a resident, of Minnehaha county, died intestate at the city of Sioux Falls, August 3, 1899. He died seised and possessed of considerable property. Immediately after his death probate proceedings were instituted to administer on his estate. Various parties appeared claiming to be heirs, and, as such, entitled to receive and participate in the distribution of the estate. The State of South Dakota was permitted to intervene in said probate .proceedings, the state alleging that intestate had died without heirs, and that by reason thereof the said estate would escheat to the…
2Cases cited3 opinions
- McClellan v. StateSouth Dakota Supreme Court · 1911
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- In re the Estate of McClellanSouth Dakota Supreme Court · 1913