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Wills, Trusts & Estates Keyed to Gallanis
Estate of May
Citation:
220 N.W.2d 388 (S.D. 1974)Facts
The decedent executed a document on December 28, 1967 entirely in his own handwriting purporting to dispose of his property upon his death. The decedent told Victor Brandt on at least two occasions that he did have a will. On February 14, 1973 John R. May died in Turner County, South Dakota. Mrs. Eva Christensen, respondent and a sister of the deceased, searched the decedent’s home and bank boxes but could find no will. Mrs. Christensen, the sheriff of Turner County and others went through the papers of the deceased in his home; some papers were destroyed and others piled into boxes and stored in a rented barn near the home of a niece, Eva Brandt. Later, Mrs. Brandt found the contested will. The document purporting to be a Holographic Will is hereby set out in full, showing where it was cut out of the book on the right margin, and where it was torn on the left margin. All of the witnesses testified that decedent’s home was a mess with important documents as well as worthless scraps of paper piled around the house without any system or order.
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