In Re Ryan's Estate

53 N.W.2d 11 (1952)

In re RYAN'S ESTATE.

RYAN

v.

CHICOINE et al.

No. 9259.

Supreme Court of South Dakota.

April 18, 1952.

Kenneth F. Simpson and Theodore J. Dolney, Vermillion, for plaintiff and appellant.

A. J. Beck, Elk Point, for defendants and respondents.

SMITH, Judge.

The substantial contention in this contest of the will of Hattie Ryan, deceased, is that the evidence, without dispute, and as a matter of law, establishes a failure to comply with the requirements of SDC 56.0210, in that (1) the testatrix did not publish and declare to the attesting witnesses that the instrument she was subscribing…