Matter Of Estate Of Wolff

349 N.W.2d 33 (S.D. 1984)

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Nature of the Case

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Facts

Wolff, decedent, accumulated 2,800 acres of farmland in Perkins County. When Wolff moved to California in 1950, his three sons remained on the farm. Jacob, one of the three left in 1957. In 1971, decedent executed a will that if his wife should predecease him, his estate would pass to his sons share and share alike. In 1972, the decedent and his wife deeded 1,000 acres to his son Arthur for consideration of $1 and other good and valuable consideration. In 1973, they deeded 1,040 acres to his son Erwinn for $1. Prior to these deeds, a letter was written to Jacob (listed on page 447 Scoles 6th). Decedent's wife died in 1974 and Erwinn moved to California to live with decedent. Arthur's son Lynn took possession of the home place. Decedent died in 1980, and his will was admitted to probate, and with the exception of the land in Perkins County, his estate was distributed in equal shares. When the will was probated in South Dakota, the court ruled that the delivery of the warranty deeds to Erwinn and Arthur when consider with the letter to Jacob constituted an ademption of their share of the South Dakota property. This appeal resulted.