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WILCOX v. VERMEULEN

No. 25144.

781 N.W.2d 464 (2010)

2010 SD 29

Stacie WILCOX f/k/a Stacie Sheesley, Personal Representative of the Estate of Shane Sheesley, Plaintiff and Appellee, v. Dee Ann VERMEULEN, as Personal Representative of the Estate of Thomas Vermeulen, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned January 5, 2010.

Decided March 31, 2010.

Attorney(s) appearing for the Case

James W. Olson of Wilson, Olson & Nash, PC, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Dennis W. Finch of Finch Maks, Prof. LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice (on reassignment).

[¶ 1.] The proceeds from the settlement of multiple wrongful death lawsuits were paid into the Sheesley, Vermeulen, Bielstein Trust (SVB Trust) to be held pending a distribution of the funds. Stacie Wilcox, f/k/a Stacie Sheesley, personal representative of the Estate of Sheesley, brought this declaratory judgment action seeking to divide the corpus of the SVB Trust between its beneficiaries, the Estates of Sheesley and Vermeulen...

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