Kupfer v. Biehn
South Dakota Supreme Court
Appeal from Circuit Court, Gregory Comity. Ho.n. William Williamson, Judge. Action ¡by Walter H. Kupfer, as guardian of the person and estate of Jacob Ernest, an incompetent, and1 another, against John P. Biehn, as executor of the Estate of Christina Ernst, deceased and others, to establish a trust in realty in favor of plaintiff’s incompetent. From a judlgment for plaintiff, and1 from an order denying a new trial, defediants appeal.
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Appeal from Circuit Court, Gregory Comity. Ho.n. William Williamson, Judge. Action ¡by Walter H. Kupfer, as guardian of the person and estate of Jacob Ernest, an incompetent, and1 another, against John P. Biehn, as executor of the Estate of Christina Ernst, deceased and others, to establish a trust in realty in favor of plaintiff’s incompetent. From a judlgment for plaintiff, and1 from an order denying a new trial, defediants appeal. (7) To point.seven of the opinion, Appellants cited: Barlow v. Barlow (Kans.), 28, Pac., 607; P'omeroy E-q. Juris., Val. 3, Sec. 1039. Respondent cited': Brisan…
1Opinion of the Court
WPHTINíG, P. J.
Christina Ernst died possessed of the legal title to a tract of land in this state. She left surviving her, her husband, Alfred Ernst, five children by a prior marriage, and two idhildren by her marriage with Ernst. The guardian of the husband brings this action against the executor of the estate of Christina Ernst and against all of her children except one, who joined as plaintiff; and such guardian seeks to have it adjudged that this land was trust property, th,e property of Jacob Ernst, title to which was held' in trust b}r Christina Ernst. The judgment of the trial court…
2Cases cited1 opinion
- Norbeck & Nicholson Co. v. NielsonSouth Dakota Supreme Court · 1917
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