South Dakota Supreme Court

In Re Estate of Hobelsberger

December 4, 197085 S.D. 282

Summary

The court affirmed admission of John Hobelsberger's will to probate, holding that the evidence supported the findings that he possessed testamentary capacity and was not subjected to undue influence. It also held that his subscription by mark was valid because the governing statute includes persons physically unable to write, even if they previously knew how to write. The court reviewed the factual findings under the clearly erroneous standard and found no definite and firm conviction that the trial court had erred.