Legal Opinion

In Re the Estate of Berg

South Dakota Supreme Court

Decided June 16, 2010No. 25429PublishedCited by 1 opinion

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] In a probate proceeding, contestant Carol Opdahl (Opdahl) unsuccessfully objected to her uncle’s "will claiming lack of testamentary capacity and undue influence. We affirm.

FACTS

[¶ 2.] Fred L. Berg was born on July 27, 1919, and died on November 5, 2006, at the age of 87. He was the youngest of nine children. Fred grew up in North Dakota and served in the United States Army during World War II. He was discharged from the Army in 1943 and admitted to hospitals in Washington State and North Dakota due to service-connected schizophrenia.

[¶ 3.] Fred was eventually…

2Cases cited15 opinions

  1. State v. PellegrinoSouth Dakota Supreme Court · 1998
  2. In Re the Estate of DokkenSouth Dakota Supreme Court · 2000
  3. Stormon v. WeissNorth Dakota Supreme Court · 1954
  4. Dixon v. EckenrothCalifornia Court of Appeal · 1934
  5. Peterson v. ImbsenSouth Dakota Supreme Court · 1923

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3Cited by1 opinion

  1. Estate of TankSouth Dakota Supreme Court · 2020

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