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LUKE v. STEVENSON

Nos. 23285, 23286.

696 N.W.2d 553 (2005)

2005 SD 51

Tamara K. LUKE, Individually, and as the Trustee of the Elmer Stevenson Trust, Plaintiff and Appellee, v. Clara STEVENSON, Jennifer Sampson Heltzel, and Jason Sampson, Defendants, and Andrea Brown and Gerard Hehn, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 27, 2005.

Attorney(s) appearing for the Case

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

Kenneth W. Cotton, Wagner, South Dakota, Attorney for defendant and appellant, Andrea Brown.

Glenn L. Roth, Olivet, South Dakota, Attorney for defendant and appellant, Gerard Hehn.

Christopher M. Braley, Parkston, South Dakota, Attorney for appellee, Angela Brown.

MEIERHENRY, Justice.

[¶ 1.] This is a consolidated appeal from a declaratory judgment action and involves the interpretation of provisions in a trust document. The issues are whether a great-grandchild born after the trust was created should be included as a beneficiary and whether the beneficiary who was to receive a life estate in a portion of the trust is entitled to equalization of distributions previously advanced to other beneficiaries. The trial court...

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