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KUEHN v. FIRST NAT. BANK IN SIOUX FALLS

No. 11475.

238 N.W.2d 490 (1976)

Jane S. KUEHN and Martha K. Maierhauser, as Income Beneficiaries, Appellants, v. FIRST NATIONAL BANK IN SIOUX FALLS, as Trustee, et al., Respondents.

Supreme Court of South Dakota.

Rehearing Denied February 27, 1976.

Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellants.

E. G. Jones of Jones & Matthews, Sioux Falls, for respondent, First National Bank.

Louis R. Hurwitz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for respondent, Crippled Children's Hospital and School.

James R. Becker of May, Johnson & Burke, Sioux Falls, for respondent, South Dakota Children's Home Society.

Tom Lehnert, Asst. Atty. Gen., Pierre, for respondent, "An Unknown Maternity Hospital."

BIEGELMEIER, Justice.*

Max A. Kuehn died leaving a last will under which, after some bequests, the residue of his estate was left in trust to pay the income to certain relatives during their respective lifetimes, with the remainder over to three charitable beneficiaries in the event that Martha Kuehn Maierhauser, the decedent's granddaughter, should die without issue. The First National Bank (Bank or Trustee Bank herein) and Max A. Kuehn...

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