Legal Opinion

In Re Hoisington's Estate

South Dakota Supreme Court

Decided April 27, 1939No. File No. 8249Published

1Opinion of the Court

Lizzie A. Hoisington, a resident of Potter County, South Dakota, died testate on September 14, 1936. The will was admitted to probate and the person nominated in the will as executor having declined to act, M.P. Broun was appointed and qualified as administrator c.t.a. The administrator, after paying all claims, filed a report and petition for partial distribution to which Louisa A. Spencer filed objections claiming certain additional real estate not specifically described in the devise to her. The pertinent paragraphs of the will read as follows:

"Third — I give, devise and bequeath Lot Six…

2Cases cited7 opinions

  1. Woodbine Savings Bank v. YagerSouth Dakota Supreme Court · 1932
  2. Agnew v. AgnewSouth Dakota Supreme Court · 1928
  3. Graff v. EngebretsonSouth Dakota Supreme Court · 1938
  4. Schlegel v. SissonSouth Dakota Supreme Court · 1896
  5. Nichols v. FoxSouth Dakota Supreme Court · 1916

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