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| | Unified Judicial System |
 | | As such, Contestants argue that because Ervin signed the will without having legal title of the devised land, the land inherited by Ervin is not subject to Don’s option to buy at $100 per acre, rather, the land should be divided equally among the three children. |
 | | ] Although South Dakota adopted the UPC in 1995, this Court, prior to its adoption, has held, “upon the death of the testator the devisee becomes vested with the same right to, and interest in, the devised property that was possessed by the testator, at the time of his death[.]” Hicks v. |
 | | Dakota, Minnesota and Eastern RR Co., 1996 SD 82, ¶21, 551 NW2d 571, 576). |
| www.sdjudicial.com /index.asp?category=opinions&nav=5367&year=2001&month=7&record=146 (1164 words) |
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