Miller v. Thode, 14737

Citation372 N.W.2d 459
Decision Date25 May 1985
Docket NumberNo. 14737,14737
PartiesMabel L. MILLER, Plaintiff, and Betty Miller, Plaintiff and Appellant, v. Vernon A. THODE and the Heirs, Devisees, Legatees, Executors, Administrators and Assigns of June I. Thode, a/k/a June Thode, deceased; United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; County of Lake, a political subdivision of the State of South Dakota; the Director of the Department of Revenue, State of South Dakota; and All Persons Unknown Who Have or Claim to Have Any Estate or Interest in, or Lien or Encumbrance Upon the Premises Described in the Plaintiffs' Complaint, Defendants and Appellees. . Considered on Briefs
CourtSupreme Court of South Dakota

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for plaintiffs and appellants.

Frank E. Denholm of Denholm & Glover, Brookings, for defendants and appellees.

FOSHEIM, Chief Justice.

This action involves the interests of Betty Miller (Betty) and the heirs of Vernon Thode (Vernon) in three parcels of land. Betty appeals from an order adversely quieting the title to all three parcels in the heirs of Vernon. We affirm.

On February 18, 1952, Fred Miller executed his Last Will and Testament. He died May 16, 1958, and was survived by his wife Mabel and daughters, Betty Miller and June Thode (June). The estate was distributed on February 25, 1959. June died on December 3, 1977, survived only by her husband Vernon, who is also now deceased. Mabel continued to live on the family farm and receive the farm income until her death on April 16, 1980. Betty remained unmarried until after the deaths of her mother and sister.

Paragraph "Second" of Fred's Will identifies four hundred acres of real property and grants Mabel a life estate in all the land. In Paragraph "Third," Fred devises two hundred acres to June, subject to Mabel's life estate. In Paragraph "Fourth," Fred devises to Betty the remaining two hundred acres, again subject to the life estate in Mabel. In Paragraph "Sixth" Fred devises all the residue of the estate to Mabel.

The "Fifth" paragraph is the basis of this litigation:

Fifth: That the said bequest to my said daughters are made on the condition that in case either of my said daughters should die before the death of my said wife leaving issue, then the issue of such deceased daughter is to take that share of my estate which such deceased daughter would have received if living at the time of the death of my said wife; but if either of my said daughters should die before the death of my said wife, leaving no issue, then the bequest to such daughter is hereby rescinded and cancelled and that the bequest to such deceased daughter leaving no issue, is to revert to my estate and to be distributed to my other daughter, or to the issue of such daughter living at the time of the death of my said wife.

The land involved in this appeal is separated into three parcels:

Parcel 1: The Southeast Quarter of the Southeast Quarter (SE 1/4 of the SE 1/4) of Section Sixteen (Sec. 16), Township One-hundred-seven (T 107) North, Range Fifty-one (R 51) West in Lake County, South Dakota.

Parcel 2: The South One-half of the Northeast Quarter of the Southeast Quarter (S 1/2 of the NE 1/4 SE 1/4) of Section Sixteen (Sec. 16), Township One-hundred-seven (T 107) North, Range Fifty-one (R 51) West in Lake County, South Dakota.

Parcel 3: The Northwest Quarter (NW 1/4) of Section Twenty-two (Sec. 22), Township One-hundred-seven (T 107) North, Range Fifty-one (R 51) West in Lake County, South Dakota. For better understanding, the parcels are diagramed in this manner.

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

At the time of his death, Fred owned the East One-half of the Southeast Quarter (E 1/2 of the SE 1/4) of Section Sixteen (Sec. 16), Township One-hundred-seven (T 107), Range Fifty-one (R 51). His Will made specific mention of Parcel 1 but omitted any reference to the Northeast quarter of the Southeast Quarter (NE 1/4 of the SE 1/4) of Section Sixteen (Sec. 16), comprising forty acres.

On March 28, 1947, Fred and Mabel acquired Parcel 3 as joint tenants with right of survivorship and not as tenants in common. That deed was recorded on July 18, 1947. Apparently Fred believed he owned this property individually because his Will granted Mabel a life estate with remainder to June subject to the reversionary clause contained in Paragraph "Fifth."

Subsequent to settlement of Fred's estate and in an attempt to effectuate the true intent of his Will, Mabel executed a warranty deed on July 14, 1958, conveying Parcel 3 to June in fee subject to a life estate in Mabel. The deed does not mention the reversionary language of Paragraph "Fifth" of Fred's Will.

Mabel, June and Betty also decided that Fred inadvertently omitted disposition of the Northeast Quarter of the Southeast Quarter (NE 1/4 of the SE 1/4) of Section Sixteen (Sec. 16) because he had intended to give each of his two daughters an equal amount of land subject to a life estate in Mabel. Again, in an attempt to carry out Fred's wishes, on October 7, 1958, Mabel conveyed the North One-half of the Northeast Quarter of the Southeast Quarter (N 1/2 of the NE 1/4 SE 1/4) to Betty and the South One-half of the Northeast Quarter of the Southeast Quarter (S 1/2 of the NE 1/4 SE 1/4) (Parcel 2) to June. Each deed conveyed twenty acres. This deed to June (Parcel 2) reserved a life estate in Mabel but like the deed to Parcel 3, it made no mention of the reversionary language of Paragraph "Fifth" of Fred's Will.

Mabel, Betty and June all signed the final account of Fred's estate on January 31, 1959. Page five of the account sets forth the land transfer arrangements. The final decree of distribution, dated February 25, 1959, adopted, approved and confirmed the final account. No appeal was taken.

The first paragraph of page five of the final account describes the transfer of Parcel 3 from Mabel to June with a retained life estate. No mention is made of the reversionary clause found in Paragraph "Fifth" of Fred's Will.

The next paragraph of the account identifies the parcels (including Parcel 1) that were transferred to June and Betty by Fred's Will, subject to Mabel's life estate. That paragraph is likewise silent concerning the reversionary clause.

The third paragraph of that page provides that title to the two twenty acre plots (including Parcel 2) should vest with Betty and June respectively, subject only to the life estate in Mabel and "without any provision for reversion thereof as contained in the Will of the decedent."

June deeded Parcel 3 to her husband and herself as joint tenants with right of survivorship, subject to Mabel's life estate. Vernon thus became sole owner of this property upon the deaths of June and Mabel. Vernon received title to Parcels 1 and 2 as the beneficiary of June's Will.

The issue is whether June's estate retained fee title in any of these three parcels...

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5 cases
  • Estate of O'Keefe, Matter of
    • United States
    • Supreme Court of South Dakota
    • 12 Agosto 1998
    ...Our cases have also long recognized the circuit courts' "unlimited equity jurisdiction in probate matters." Miller v. Thode, 372 N.W.2d 459, 462 (S.D.1985) (citing Spitzer v. Spitzer, 84 S.D. 147, 154, 168 N.W.2d 718, 722 (1969)). If the legislature had intended to foreclose the court's wel......
  • Rowett v. McFarland, 15061
    • United States
    • Supreme Court of South Dakota
    • 4 Noviembre 1986
    ...decree of distribution controls the will even if it is erroneous, so long as the decree was rendered with due process. Miller v. Thode, 372 N.W.2d 459, 462 (S.D.1985).2 For the sake of brevity, the respective appellees: David A. McFarland, Gregor B. McFarland, Delores M. McFarland, Kenneth ......
  • Estate of Lingscheit, Matter of, 15049
    • United States
    • Supreme Court of South Dakota
    • 28 Mayo 1986
    ...conclusive as to the rights of the heirs and imposes finality on the circuit court's determination. See SDCL 30-23-38; Miller v. Thode, 372 N.W.2d 459, 462 (S.D.1985); and Black v. Unknown Creditors, 83 S.D. 119, 122, 155 N.W.2d 784, 786 (1968). Therefore, the Nephews are properly before th......
  • Bollinger v. Eldredge, 18344
    • United States
    • Supreme Court of South Dakota
    • 15 Febrero 1994
    ...the decree is subject to revision only upon appeal or in some proceeding that constitutes a direct attack." Miller v. Thode, 372 N.W.2d 459, 462 (S.D.1985) (citing Bechard v. Union County, 71 S.D. 558, 27 N.W.2d 591 (1947); Black v. Unknown Creditors, 83 S.D. 119, 124, 155 N.W.2d 784, 787 T......
  • Request a trial to view additional results

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