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IN RE BAUMGART

No. 27273.

868 N.W.2d 568 (2015)

2015 S.D. 65

In the Matter of the TRUST FUND CREATED UNDER THE TERMS OF the LAST WILL AND TESTAMENT OF Joseph BAUMGART, Deceased.

Supreme Court of South Dakota.

Decided July 22, 2015.

Attorney(s) appearing for the Case

Matthew P. Bock   James A. Power of Woods, Fuller, Shultz & Smith, PC Sioux Falls, South Dakota, Attorneys for appellants Gloria Loos, Estate of Louis Hohn, Evelyn Lang, Virginia Binder and Gene Loos.

Vince M. Roche   Justin T. Clarke of Davenport, Evans, Hurwitz & Smith, LLP Sioux Falls, South Dakota, Attorneys for appellees Robert Bormann and Paul Bormann.

[¶ 1.] Petitioners — Gloria Loos, Louis Hohn, Evelyn Lang, Virginia Binder, and Gene Loos — filed suit against Robert and Paul Bormann (Trustees). With the exception of Gene Loos, Petitioners are income beneficiaries of a trust created by Joseph Baumgart. The trust is...

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