In Re the Estate of Roehr

[¶ 1.] Contestants, heirs of the estate of their father, Ervin Roehr, appeal the trial court’s determination that certain land inherited from Ervin’s father was owned property pursuant to SDCL 29A-3-101, and subject to an option to purchase in Ervin’s will. We affirm.

FACTS

[¶ 2.] In June of 1974, Ervin Roehr drafted a will. Even though Ervin made no changes to this draft, he did not sign the will until March 11, 1975. Ervin’s will provided for an option to his son Don to buy “land I now own” at the price of $100 per acre. In a subsequent clause, Ervin’s will also provided that any land…