The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1913-10-16
THREE CLAIMS
ON BIG ESTATE
COMMON LAW WIFE AND "NAT-
URAL'' DAUGHTER, DISPUTE
WITH HEIRS OF TURNER
COUNTY BACHELOR.

Hurley, S. Done of the most pc
culiar law situations ever developing
in South Dakota has arisen in the
fight for the $4,000 estate of Nels
f. %Swenson, of Turner county, who
was killed in an automobile accident.
last February. Although Swenson
was supposed to be a bachelor the
court litigants for the estate include
these three forces:
Alma Mortesen, supposed to have
been acting as his housekeeper, who
presents evidence that she was his
common law wife.
A young woman employed in the
Davidson Bros. store in Sioux City,
who claims to be Swenson's natural
daughter.
Four brothers and sisters.
The fight is strictly a three corner
ed affair, each division claiming to be
the only and absolute heirs and de-
nying the inheritance rights of the
other claimants. AT the present time
the court contest, now pending at
Parker, rests upon the application OF
Alma Mortenson, to be designated as
administrator of the estate.
Lost in Lower Court.
The alleged common law wife was
turned down by the county probate
court, in her application for admin
istration, and the present action is on
appeal to the circuit court. The near
ing each day is attended by a very
large crowd, including many women.
Alma Mortensen's claim that she
was Swenson's common law wife is
supported by testimony of her father,
Soren Mortenson, and by her mother,
and sister.
Her story, in substance, is that
Nels f. Swenson, a neighbor and sup
posed bachelor. commenced paying
court to her; hal about October /,
1911, he asked her. in the hearing of
her parents and others, to go to Sioux
City and get married. The parents at
first objected, as, she. was only IS,
while the man was about 40, but
they finally consented. i'
Made An Agreement.
While on the way to Sioux City in
a buggy, she relates, Swenson told
her OF his objection to preacher
marriages" and induced her to par
ticipate in an agreement marriage.
On their return home the parents
We're informed of their new relations
and, after some objections, accepted
the situation.
She says that she took up her
abode in Swenson's home as his COM
mon law wife and that she continued
the relation until his death on Febru-
airy 4, 1913. They we're c~harivaried
by neighbors. Swenson paid her bills,
including tuition at a dressmaker's
establishment in Viborg.
So far about so witnesses have
been examined in this case, which
probably will occupy the balance of
the week. In the southern part of
the county, where the parties live,
and where Swenson lived, the case is
the sensation of the year.
Put Up Hard Fight.
The relatives %contesting Alma Nor
tensen's application have introduced
a large amount of testimony in the
way of establishing that she was
merely employed as housekeeper.
The alleged common law wife has a
babe in her arms, born August 80,
1913, which she testifies to be the
son of Nels F. Swenson. the decedent.
Bogue & Bogue, of Centerville, and
Jones Il Jones of Parker, are attor-
neys for the brothers and sisters;
r. I'll. Munger of Sioux City, Is attor-
ney for the daughter: George w.
Egan is attorney for the claimant.