In re Sjurson's Estate
South Dakota Supreme Court
Appeal from Circuit Court, Day County.. Hon. Frank McNuuty, Judge. In the Matter of the Estate of Thera Sjurson, deceased. From a judgment of the Circuit Court reversing judgment of the County Court granting a petition by Ole Sjurson for permission to exercise an option to purchase the homestead, granted by decedent’s will, petitioner appeals.
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Appeal from Circuit Court, Day County.. Hon. Frank McNuuty, Judge. In the Matter of the Estate of Thera Sjurson, deceased. From a judgment of the Circuit Court reversing judgment of the County Court granting a petition by Ole Sjurson for permission to exercise an option to purchase the homestead, granted by decedent’s will, petitioner appeals. “It (the county court) may, of course, entertain a suit or proceedings brought by the executor to1 construe a will but such a proceeding maintained for the purpose to ascertain the purported meaning of a will is not binding upon any of the parties in…
1Opinion of the CourtWhiting, J.
One Thora Sjurson died leaving a will, under and by virtue of which she attempted to dispose of certain property located in Day county, S. D., a part of which was a quarter section, known as the “Old Homestead.” She left surviving her four children. One paragraph of her will read as follows: “All my real estate consisting of [here follows description of two quarter sections of land] shall be evenly divided between my four children, except that my son Ole Sjurson shall have the privilege to. buy our old homestead for $25 per acre if he so. desires. * * *” The said will was, on April 20, 1910,…
2Cases cited7 opinions
- Glover v. ReidMichigan Supreme Court · 1890
- Covert v. SebernSupreme Court of Iowa · 1887
- Ford v. DurieWashington Supreme Court · 1894
- Kelly v. ReynoldsMichigan Supreme Court · 1878
- Patterson v. StewartMichigan Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Newton v. EricksonSouth Dakota Supreme Court · 1950
- Kirby v. Western Surety Co.South Dakota Supreme Court · 1945
- Thompson v. Lake Madison Chautauqua Ass'nSouth Dakota Supreme Court · 1919
- Hornstra v. Avon State BankSouth Dakota Supreme Court · 1929
- Kaiser v. KaiserSupreme Court of Georgia · 1934
4 more not listed; retrieve them via the Exa API.