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MATTER OF ESTATE OF CALVIN

#29461.

963 N.W.2d 319 (2021)

2021 S.D. 45

In the MATTER OF the ESTATE OF John C. CALVIN, Deceased.

Supreme Court of South Dakota.

Opinion Filed July 28, 2021.

Attorney(s) appearing for the Case

DANIEL R. FRITZ , TIMOTHY R. RAHN , JOSHUA R. BROWN of Ballard Spahr, LLP, Sioux Falls, South Dakota, Attorneys for petitioners and appellants Mark E. Calvin, John C. Calvin, Jr. and Ruth Calvin Scharf.

VINCE M. ROCHE of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for Great Western Bank as Personal Representative of the Estate of John C. Calvin and appellee.

JAMES C. ROBY of Green, Roby, Oviatt, LLP, Watertown, South Dakota, Attorneys for appellee Prudence K. Calvin.

[¶1.] John Calvin (Calvin) was the lifetime beneficiary of the Ben W. Calvin Trust (Trust), and his children, Ruth Calvin Scharf, John C. Calvin, Jr., and Mark E. Calvin (Appellants), were the remainder beneficiaries. After Calvin passed away, Appellants brought a creditor...

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