Legal Opinion · Dissent

In Re Estate of Farnsworth

South Dakota Supreme Court

Decided March 24, 1970No. File 10565Published

1DissentBiegelmeier, Judge

SDCL 29-2-6 states the requirements for execution of a will and, so far as pertinent here, provides:

“Every will * * * must be executed and attested as follows:(1) It must be subscribed at the end thereof by the testator * * *(2) The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him * * *(3) The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will;(4) There must be two attesting witnesses, each of whom must sign his name as a…

2Cases cited7 opinions

  1. In Re Rowland's EstateSouth Dakota Supreme Court · 1945
  2. In Re Houda's EstateSouth Dakota Supreme Court · 1956
  3. Ryan v. ChicoineSouth Dakota Supreme Court · 1952
  4. In Re Ryan's EstateSouth Dakota Supreme Court · 1952
  5. In Re Swanson's EstateSouth Dakota Supreme Court · 1961

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