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IN RE ADMINISTRATION OF C.H. YOUNG

No. 24528.

751 N.W.2d 715 (2008)

2008 SD 43

In the Matter of the ADMINISTRATION OF the C.H. YOUNG REVOCABLE LIVING TRUST Agreement Dtd. 12-9-94; as Amended 12-21-94.

Supreme Court of South Dakota.

Considered on Briefs on January 7, 2008.

Attorney(s) appearing for the Case

James R. Davies, Alexandria, South Dakota, Attorney for appellant CorTrust Bank-Trustee for C.H. Young Revocable Trust.

E. Steeves Smith of Tinan, Smith and Bucher Mitchell, South Dakota Attorneys for appellees Estate of Alice Young and Reginald D. Young.

KONENKAMP, Justice.

[¶ 1.] A trust instrument allocated all but eighty acres of land to specific beneficiaries. One beneficiary believed that the trustor intended to assign the eighty acres to him. When a petition to modify the trust was submitted, the circuit court denied it on grounds of laches and expiration of the statute of limitations. We conclude that the doctrine of laches precludes reforming or modifying the...

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