Legal Opinion

Chaddock v. American Baptist Home Mission Society

South Dakota Supreme Court

Decided March 14, 1923No. File No. 5104PublishedCited by 5 opinions

Appeal from Circuit Court, Minnehaha Count}'; Hon. John T. Medin, Judge. Suit by Frank E. Ohaddock and another, executors of the last ‘ will and testament of Martha K. Hannon, deceased, against the American Home Baptist Home Missions Society impleaded with the Freedman’s Aid & Missionary Society, and others, to determine the identity of the beneficiary named in the will of deceased. From an adverse decree, the American Baptist Home Mission Society appeals.

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Appeal from Circuit Court, Minnehaha Count}'; Hon. John T. Medin, Judge. Suit by Frank E. Ohaddock and another, executors of the last ‘ will and testament of Martha K. Hannon, deceased, against the American Home Baptist Home Missions Society impleaded with the Freedman’s Aid & Missionary Society, and others, to determine the identity of the beneficiary named in the will of deceased. From an adverse decree, the American Baptist Home Mission Society appeals. (1) To1 point one of the opinion, Respondent cited: Gingles et al v. Sav. Bank of Hartford et al (S. D1.), 146 N. W. 596; First Nat. Bank…

1Opinion of the CourtAnderson, P. J.

Plaintiffs, as executors of the last will •of Martha K. Harmon, commenced suit to determine identity of the beneficiary named in the will of William J. Ely, deceased. Decedent was a resident of Valley. Spring's, this state, for a number of years. The will was executed January 24, 1906. Testator died in March, 1912. The estate was duly probated in the county-court, Minnehaha county. The fourth paragraph of the will reads:

“All the residue and remainder of my estate * * * I give, devise and bequeath- to my niece, Martha K. Harmon, to hold in trust for the missions to g'o to the Freeman’s Aid of…

2Cases cited1 opinion

  1. State v. MolseedSouth Dakota Supreme Court · 1923

3Cited by5 opinions

  1. Colomb v. First National BankSouth Dakota Supreme Court · 1926
  2. Farmers' & Merchants' National Bank v. Bank of CommerceSouth Dakota Supreme Court · 1925
  3. Geppert v. WinansSouth Dakota Supreme Court · 1953
  4. In Re Geppert's EstateSouth Dakota Supreme Court · 1953
  5. State v. MolseedSouth Dakota Supreme Court · 1923

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