Legal Opinion · Dissent

In Re Hoisington's Estate

South Dakota Supreme Court

Decided May 4, 1940No. File No. 8249Published

1DissentWarren, J.

(dissenting) Appellant strenuously urges that the court is prohibited from reading into the will by aid of extrinsic evidence matter foreign thereto which is patently erroneous as to the devisees or the property devised and that the court ought not to make the testator’s will the instrument itself being clear and concise both as to its terms and as to the disposition of her property. Further that one cannot point out any proposition upon the face of the instrument shpwing any defect in form or thought. That the rule of law permitting the admission of extrinsic evidence to clarify on the…

2Cases cited24 opinions

  1. In re Estate of WalkerlyCalifornia Supreme Court · 1895
  2. Lockbihler v. YoungCalifornia Supreme Court · 1899
  3. Dahmer v. WenslerIllinois Supreme Court · 1932
  4. Defreese v. LakeMichigan Supreme Court · 1896
  5. Snoddy v. BolenSupreme Court of Missouri · 1894

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