MARTINSON v. HOLSO

No. 15829.

424 N.W.2d 664 (1988)

Peter MARTINSON, Mayme Nelson, Irene Fenno, Earl Bogstad, James Bogstad, Ronald Bogstad, Duane Bogstad, Elva Blogg, Darlene Larsen, Darlene Larsen as Trustee for Earl Bogstad, Marjean Evans, Junella Dinwiddie, Melva Anderson and A.G. Dick, Plaintiffs and Appellants, v. Mayme HOLSO, individually and as Executrix of the Estate of Orville M. Sparby, Deceased, Albin Overby, the unknown heirs of Jenny Martinson, Deceased, Bennie M. Sparby, Deceased, Clifford B. Sparby, Deceased, Milton S. Sparby, Deceased, and the South Dakota Department of Revenue, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 18, 1988.


Attorney(s) appearing for the Case

Donn Bennett of Bennett & Main, Belle Fourche, for plaintiffs and appellants; Edward J. Nelson of Bennett & Main, Belle Fourche, on brief.

Allen G. Nelson and Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, and Leroy Hill of Leroy Hill Law Office, Belle Fourche, for Mayme Holso defendant and appellee.

Martin G. Farrell, Asst. Atty. Gen., Pierre, for State of South Dakota, Dept. of Revenue, defendant and appellee.


MORGAN, Justice.

Plaintiffs and appellants, Martinson, et al. (appellants), appeal from a declaratory judgment entered in favor of defendants and appellees, Holso, et al. (Holso). We affirm.

This action was brought to determine questions arising in the administration of the estate of Orville Sparby, last surviving partner of the Sparby Brothers partnership, and to determine heirs to partnership and personal assets. The trial court determined that all assets...

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