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In re Estate of Jackson

South Dakota Supreme Court
508 N.W.2d 374 (S.D. 1993)


Facts

In 1968, Mary Jackson conveyed her house to Iola Miller and Ileane Brosnan (plaintiff), but retained a life estate in it. Jackson maintained insurance for the house until her death in 1991. Shortly before Jackson died, the house was substantially damaged in a hail storm, and her insurer began to process her claim. After she died, the insurer paid the insurance proceeds to her estate. Miller (defendant), who was appointed the executrix of Jackson’s estate, split the proceeds evenly between herself and Brosnan. The estate’s attorney argued that the proceeds belonged to the estate, not the remaindermen, Miller and Brosnan. Brosnan objected, but the probate court agreed with the attorney. Brosnan appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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