Legal Opinion

In Re the Estate of Flaws

South Dakota Supreme Court

Decided August 31, 2016No. 27515PublishedCited by 7 opinions

1Opinion of the Court

KERN, Justice.

[¶ 1.] Decedent named heirs in her will, but all heirs predeceased her, causing her estate to become subject to the laws of intestate succession. Decedent’s brother had two children from his only marriage. These children were designated as heirs. The circuit court determined that decedent’s brother’s illegitimate daughter was also an heir entitled to inherit equally from decedent’s estate. Brother’s legitimate children appeal. We affirm.

BACKGROUND

[¶ 2.] On February 18, 2010, Lorraine Isburg Flaws, a member of the Crow Creek Tribe, died testate. Lorraine’s will distributed her…

2Cases cited22 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  4. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  5. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986

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3Cited by7 opinions

  1. Fluth v. Schoenfelder Constr., Inc.South Dakota Supreme Court · 2018
  2. Hickey Living TrustSouth Dakota Supreme Court · 2022
  3. Interest of C.R.W.South Dakota Supreme Court · 2021
  4. State v. AlbaidhaniSouth Dakota Supreme Court · 2026
  5. State v. Buffalo ChipSouth Dakota Supreme Court · 2020

2 more not listed; retrieve them via the Exa API.

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