Legal Opinion

In Re the Estate of Kesling

South Dakota Supreme Court

Decided October 17, 2012No. 26204PublishedCited by 2 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] James W. Kesling executed a holographic will. After James died, the will was admitted into probate and James’s three daughters were appointed as co-personal representatives of James’s estate. Both the Estate and James’s wife, Sandra, petitioned the circuit court to construe the will. The Estate moved for summary judgment and the circuit court granted the motion. Sandra appeals, arguing that the will is ambiguous, and thus, the court erred by not considering extrinsic evidence as to James’s intent.

FACTS

[¶ 2.] James Kesling executed a holographic will on April…

2Cases cited2 opinions

  1. In Re Estate of KlauzerSouth Dakota Supreme Court · 2000
  2. In Re Estate of SeefeldtSouth Dakota Supreme Court · 2006

3Cited by2 opinions

  1. Estate of HubertSouth Dakota Supreme Court · 2016
  2. Estate of HubertSouth Dakota Supreme Court · 2022

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