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IN RE ESTATE OF BERG

No. 25429.

783 N.W.2d 831 (2010)

2010 SD 48

In the Matter of the ESTATE OF Fred L. BERG, Deceased.

Supreme Court of South Dakota.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Stephen J. Wesolick of Wesolick Konenkamp & Rounds, LLP, Rapid City, South Dakota, Jamison A. Rounds of Wesolick Konenkamp & Rounds, LLP, Sioux Falls, South Dakota, Attorneys for appellant, Carol Berg Opdahl.

Gregory A. Eiesland, Aaron D. Eiesland, Johnson Eiesland Law Firm, PC, Rapid City, South Dakota, Attorneys for appellee, Helen Manns.

Robert Van Norman of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for appellee, Great Western Bank.

GILBERTSON, Chief Justice.

[¶ 1.] In a probate proceeding, contestant Carol Opdahl (Opdahl) unsuccessfully objected to her uncle's will claiming lack of testamentary capacity and undue influence. We affirm.

FACTS

[¶ 2.] Fred L. Berg was born on July 27, 1919, and died on November 5, 2006, at the age of 87. He was the youngest of nine children. Fred grew up in North Dakota and served in the United States Army during World War II. He was...

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