Severson v. Engbarth

Knutson, Chief Justice.

This is an appeal from a summary judgment entered pursuant to an order of the district court.

*153For the purposes of this appeal only, these facts must be taken to be true. The domiciliary estate of one Rose Ann Sivert is being administered in the probate court of Brookings County, South Dakota. William Nichols is one of the executors of the estate in South Dakota. Paul Severson is the administrator with the will annexed in an ancillary proceeding in Minnesota. On July 31, 1962, the probate court of Lincoln County, Minnesota, granted Severson an order of license to sell…