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ENGLEHART v. LARSON

No. 20784.

608 N.W.2d 673 (2000)

2000 SD 41

Beverly E. ENGLEHART, Plaintiff and Appellee, v. Gary LARSON, Defendant and Appellant, and Clark Starr; Ruby Starr; Perkins County, a subdivision of the State of South Dakota; and the Internal Revenue Service, an agency of the United States of America, Defendants.

Supreme Court of South Dakota.

Decided March 29, 2000.

Attorney(s) appearing for the Case

Max Main and Dwight A. Gubbrud of Bennett, Main & Bailey, Belle Fourche, for plaintiff and appellee.

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

SABERS, Justice.

[¶ 1.] Beverly Englehart sued her brother, Gary Larson, alleging that Gary's oral lease of trust property terminated on May 31, 1993, the date of the life tenant's death. The trial court granted summary judgment to Beverly. Gary appeals. We affirm.

FACTS

[¶ 2.] Rudolph and Hannah Larson were the parents of Beverly and Gary. The Rudolph Larson Trust was established upon Rudolph's death in 1974. Pursuant to the terms, Rudolph...

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