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IN RE TRUST ESTATE OF HIGGINS

No. 10456.

162 N.W.2d 768 (1968)

In the Matter of the TRUST ESTATE of Marsh HIGGINS, Deceased.

Supreme Court of South Dakota.

Rehearing Denied December 23, 1968.

Attorney(s) appearing for the Case

Roubideaux, Poches & Reade, Fort Pierre, for appellants and beneficiaries.

Bangs, McCullen, Butler & Foye, Rapid City, for respondent and trustee, Richard Peterson.

ROBERTS, Judge.

Marsh Higgins, a resident of Pennington County, died testate December 14, 1938, leaving surviving Maurice Higgins, his son, and four granddaughters. Testator named his brother, J. M. Higgins, executor and trustee for the purpose of carying out the provisions of his will.

On December 30, 1940, a final decree was entered in the Pennington County Court determining that title to the realty vested in the trustee for the benefit of the grandchildren...

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