Schalk v. Dickinson

DUNN, Chief Justice.

This is a will contest. Gould B. Lange died on February 7, 1972. She left a will, which had been executed in March 1966, in the State of Texas, leaving all of her property to a surviving daughter, Loelleta Dickinson, and without mentioning a granddaughter, Carolyn Schalk, who was the child of Ruthina Schoun, deceased daughter of the testatrix. Carolyn Schalk filed objections to the Final Account and Petition for Distribution, claiming that she was unintentionally omitted under South Dakota’s pretermitted heir statute, SDCL 29-6-10. The trial court, after hearing, upheld…