Smith v. Dolan

BIEGELMEIER, Judge.

Plaintiff's action to partition real estate under SDCL 21-45 gave rise to this controversy. William H. Smith was the owner of 160 acres of land in Brookings County on the date of his death *423in 1933. In conformity with the terms of his will the county court entered a Decree of Distribution which distributed the land as follows:

"To John H. Smith * * * for his use and benefit during his life time, viz:

(here follows the legal description of the 160 acres and a tract in North Dakota)

the said John H. Smith and his wife to have the use and benefit of said real estate during their…