Peterson v. Imbsen
South Dakota Supreme Court
Appeal from Crcuit Court, McCook County; Hon. John T. Medin, Judge. Proceedings by Beret Peterson against Jacob P. Imbsen and wife, to contest the will of Exiger Margrete Engelsen. Judgment • for contestant, and proponents appeal.
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Appeal from Crcuit Court, McCook County; Hon. John T. Medin, Judge. Proceedings by Beret Peterson against Jacob P. Imbsen and wife, to contest the will of Exiger Margrete Engelsen. Judgment • for contestant, and proponents appeal. Appellants cited: Gillette v. McLaughlin (S. D.), 184 N. W. 277; In re Bolls Estate ('S. D.), 178 N. W. 8804 In re Whitman Estate, 184 N. W. 975; 28 R. C. L., Sec. 35; In re Corson’s Estate, 29 S. D. 14, 28 R. C. L., Sec. 37; Goodhar et al v. Lidikay et al, 35 N. E. 691; Freeman v. Easley, 117 111. 317, 7 N. W. 656. Respondent cited: Johnson v. Shaver (S. D.), 172…
1Opinion of the CourtPolley, J.
This appeal grows out of the contest of the last will and testament of one Enger Margrete Engelsen. The grounds on which the will is contested are mental incapacity to make a will and undue influence exercised1 over the testatrix by the beneficiaries named in the will. Judgment was for the contestant, and the proponents of the will appeal to' this court.
The testatrix was a Norwegian by birth, and at the time of the execution of the will was 71 years of age. She had been twice married, but had never had any children, and at the time of making the will on December 8, 1914, her second husband…
2Cases cited2 opinions
- Johnson v. ShaverSouth Dakota Supreme Court · 1919
- Gillette v. McLaughlinSouth Dakota Supreme Court · 1921
3Cited by33 opinions
- In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
- In Re the Estate of DokkenSouth Dakota Supreme Court · 2000
- In Re Rowland's EstateSouth Dakota Supreme Court · 1945
- Matter of Estate of NelsonSouth Dakota Supreme Court · 1983
- Laby v. ThompsonSouth Dakota Supreme Court · 1975
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