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SCHROEDER v. HERBERT C. COE TRUST

Nos. 16103, 16104 and 16117.

437 N.W.2d 178 (1989)

Herman SCHROEDER, Jr., and William B. Schroeder, Plaintiffs and Appellees, v. HERBERT C. COE TRUST; Farmers State Bank Trust Dept. of Winner, S.D., Trustees; Rosebud Lumber and Coal Co., Inc.; Leo Post, Inc., Receiver, Winner, Tripp County, S.D.; Estate of Herbert C. Coe, a/k/a Herbert Curtis Coe, Deceased, Vickie Coe, Administratrix; Estate of Lelah Mildred Coe, a/k/a Mildred Coe, Deceased, Vickie Coe, Administratrix De Bonis With the Will Annexed; Mildred Coe Elerding; Max Kreinbuhl; Lyle Boerner; El Riad Shrine; Irene Vanneman; Leonard Konvalin; Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 8, 1989.

Attorney(s) appearing for the Case

John J. Simpson, Winner, for plaintiffs and appellees.

Lee Tappe, Platte, for defendant and appellant Vickie Coe.

Donald E. Covey of Covey Law Office, Winner, for defendant and appellant Rosebud Lumber and Coal Co., Inc.

Marvin K. Bailin of Christopherson, Bailin & Anderson, Sioux Falls, for defendant and appellant El Riad Shrine.

J.M. Grossenburg of Day & Grossenburg, Winner, for defendant and appellant Mildred Coe Elerding.

Robert J. Maule, Winner, for defendant and appellant Herbert C. Coe Trust.

Steven K. Rabuck, Chamberlain, for defendant and appellant Irene Vanneman.

Max Kreinbuhl, Lyle Boerner and Leonard Konvalin, pro se.

HURD, Circuit Judge.

This appeal stems from disputes arising over a trust executed by Herbert Coe. Several issues are appealed from the trial court's decision. We affirm in part and reverse in part.

ISSUES PRESENTED AND HOLDING

1. Were the beneficiaries of the trust sufficiently certain? We hold they were.

2. Did the trial court properly include property in or exclude property from the trust? We hold the trial court did, in part, and did...

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