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IN RE ESTATE OF STEVENSON

No. 20984.

605 N.W.2d 818 (2000)

2000 SD 24

In the Matter of the ESTATE OF Elmer STEVENSON, Deceased, and The Elmer Stevenson Trust.

Supreme Court of South Dakota.

Decided February 16, 2000.

Attorney(s) appearing for the Case

Kenneth D. Bertsch and Kent E. Lehr of Bertsch Law Office Menno, South Dakota, Attorneys for appellant Clara Stevenson.

Thomas E. Alberts, Avon, South Dakota, Attorney for appellee Tamara K. Luke.

SABERS, Justice.

[¶ 1.] Clara Stevenson appeals the trial court's determination that Tamara K. Luke, acting as trustee, was specifically authorized by the trust instrument to lease trust property to herself, her husband, or relative. We reverse and remand.

FACTS

[¶ 2.] Elmer Stevenson established the Elmer Stevenson Trust on August 8, 1990 and funded it with all his property. Elmer died on September 15, 1992. Pursuant to the terms of the...

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