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MATTER OF KUEHN

Nos. 12837, 12839 and 12888.

308 N.W.2d 398 (1981)

In the Matter of the Max A. KUEHN, Jr., Trust U/W Max A. Kuehn, Deceased.

Supreme Court of South Dakota.

Decided July 15, 1981.

Attorney(s) appearing for the Case

James R. Becker of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for appellants Crippled Children's Hospital and School and South Dakota Children's Home Society Nos. 12837 and 12888; Louis R. Hurwitz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellants Jane S. Kuehn and Martha K. Maierhauser No. 12839.

JONES, Circuit Judge.

Max A. Kuehn, Sr., died testate on April 26, 1957, leaving a widow, Nell Carter Kuehn, and two sons, Carter and Max, Jr. Under the terms of his will, the residue of his estate was placed in trust. Included in the residue was a one-half interest in farm land adjacent to Sioux Falls.1

The sons were to receive the income from the trust. Carter died in 1960 without issue, and his interest in the trust went to...

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