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IN RE SUNRAY HOLDINGS TRUST

No. 26722.

841 N.W.2d 271 (2013)

2013 S.D. 89

In the Matter of SUNRAY HOLDINGS TRUST.

Supreme Court of South Dakota.

Decided December 11, 2013.

Attorney(s) appearing for the Case

Robert M. Ronayne , Thomas J. Cogley of Ronayne & Wein, LLP, Aberdeen, South Dakota, Attorneys for Appellants Lee and Linda Shoup.

William M. Van Camp, Jr. of Olinger, Lovald, McCahren & Reimers, PC, Pierre, South Dakota, Attorneys for appellee Gregory Shoup.

Paul E. Bachand , of Schmidt, Schroyer, Moreno, Lee & Bachand, PC, Pierre, South Dakota, Attorneys for appellee Larry Shoup.

ZINTER, Justice.

[¶ 1.] Lester and Harriet Shoup created an inter vivos trust. After their deaths, their only children, Gregory and Larry Shoup, moved to terminate the trust. They argued that the trust only provided for Lester and Harriet during their lives and there was no trust provision directing disposition of the remaining trust assets. Therefore, they contended that the trust had fulfilled its purpose. Lee and Linda Shoup, Gregory's children, objected....

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