Legal Opinion

State v. Nieuwenhuis

South Dakota Supreme Court

Decided July 27, 1920No. File No. 4639PublishedCited by 11 opinions

Appeal from Circuit Court, Charles Mix County. Hon. Robrrt B. Tripp, Judge. In re the probate of the alleged will of Henry P. Tjarks, deceased, as a lost will.

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Appeal from Circuit Court, Charles Mix County. Hon. Robrrt B. Tripp, Judge. In re the probate of the alleged will of Henry P. Tjarks, deceased, as a lost will. After the county court had admitted the will to probate, the State of South Dakota, claiming the estate as an escheat, contested said- will, said court adjudging in favor of contestant; from wjhich judgment proponents appealed to circuit court, where the judgment of t'he county court was affirmed; from which latter judgment proponents appeal. (2) To point two of the opinion, Appellants cited: State v. Lancaster, 14 A. & E. A. 'C. 959,…

1Opinion of the CourtMcCOY, P. J.

On January 9, 1916, one Henry P. Tjarks, then a resident of Charles Mix county, died, without heirs, leaving an estate consisting of real and personal property situated in said county. On the 30th day of September, 1916, petition for probate of an alleged will of said deceased was filed in the -county court, alleging, among other things, that the original will had been accidentally destroyed, but that an exact copy thereof was annexed to said petition. The persons named as devisees in said alleged will are nieces and nephewb of the deceased wife of said alleged decedent, who died some years…

2Cases cited8 opinions

  1. Johnson v. BrownTexas Supreme Court · 1879
  2. Luis v. MuhrbackOregon Supreme Court · 1907
  3. Clark v. TurnerNebraska Supreme Court · 1897
  4. In re PageIllinois Supreme Court · 1886
  5. Hoppe v. ByersCourt of Appeals of Maryland · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. NieuwenhuisSouth Dakota Supreme Court · 1926
  2. Warren v. Sidney's EstateMississippi Supreme Court · 1938
  3. State v. NieuwenhuisSouth Dakota Supreme Court · 1929
  4. Hanson v. FieslerSouth Dakota Supreme Court · 1926
  5. Sapp v. ProtheroeSouth Dakota Supreme Court · 1957

6 more not listed; retrieve them via the Exa API.

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