Rowett v. McFarland

HERTZ, Acting Justice.

Rowetts appeal from the trial court’s entry of summary judgment in favor of appel-lees McFarland, et al. We reverse and remand.

Facts

This appeal concerns the determination of the consistently troubling question of whether a remainder is vested or contingent. In assessing case authority from foreign jurisdictions, the only conclusion which may be safely entertained is that the opinions are in conflict.

The focal point of this action is approximately 3,000 acres of real property located in Meade County, South Dakota. The conflict arises from its disputed ownership. Ewell…