In re the Estate of Green

(specially concurring).

Under the unique circumstances of this ease, our settled law in In re Protheroe’s Estate, 77 S.D. 72, 85 N.W.2d 505 (1957), is definitely modified. Here, the state of facts may reasonably be conceived to justify our decision. We owe a duty to honor the mandate that those seeking to contest a will must do so within two months. SDCL 30-7-2. We must also continue to honor SDCL 30-*33221-7 which provides: “No holder of any claim against an estate shall maintain any action thereon, unless the claim is first presented or filed as provided in this chapter.” It is not modified to the…