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In re Estate of Burns
South Dakota Supreme Court
78 S.D. 223, 100 N.W.2d 399 (1960)
- Written by Rose VanHofwegen, JD
Facts
Dellephine Burns willed her entire residuary estate to her sisters, but all three died before she did. The will did not say what would happen if that occurred. One sister, Fanny Wells, left five descendants. Had Burns died intestate, her estate would have gone to 21 heirs at law including those five. The probate court found the residuary estate had lapsed and ordered it distributed among the 21 heirs at law. Wells’s five descendants appealed, arguing South Dakota’s antilapse statute applied to distribute the residuary only among them. After the appellate court affirmed, Wells’s descendants appealed to the South Dakota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Rentto, J.)
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