Seger v. Erickson

This appeal involves a dispute over the estate of Selma C. Erickson who left no will. Other issues arising from the probate of this estate were decided in Lass v. Erickson, 74 S.D. 503, 54 N.W.2d 741. Respondent claims the entire estate on the theory that he is the deceased woman’s surviving husband by a common law marriage. The other claimants are next of kin. The estate is of such size that all of it will pass to respondent if his claim to be the surviving. husband is sustained. The county court upheld respondent’s position. The next of kin appealed to the circuit court and that court…