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IN RE SCHWAN

No. 23525.

709 N.W.2d 849 (2006)

2006 SD 9

In the Matter of Marvin M. SCHWAN 1992 GREAT, GREAT GRAND-CHILDREN'S TRUST.

Supreme Court of South Dakota.

Decided January 25, 2006.

Attorney(s) appearing for the Case

Mark F. Marshall of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, SD, Eric J. Magnuson, Larry R. Henneman of Rider, Bennett, L.L.P., Minneapolis, MN, for appellants Trustees of Marvin M. Schwan 1992 Great, Great Grandchildren's Trust.

Thomas J. Welk, Darin W. Larson of Boyce, Greenfield, Pashby & Welk, Sioux Falls, SD, Allen I. Saeks, Jane F. Godfrey of Leonard, Street & Deinard, P.A., Minneapolis, MN, for appellees, Guardian Ad Litem Lorrie Schwan-Okerlund, Mark D. Schwan, David J. Schwan, and Paul M. Schwan.

MEIERHENRY, Justice.

[¶ 1.] Trustees of the Schwan Great, Great Grandchildren's Trust (3G Trust) appeal from an order regarding accounting and trustee's fees wherein the circuit court disapproved of trustee fees paid to the trustee Lawrence Burgdorf. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Estate Plan of Marvin M. Schwan

[¶ 2.] Marvin M. Schwan (Schwan) was the founder and chief executive officer of Schwan Food Company...

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