Legal Opinion

Matter of Kuehn

South Dakota Supreme Court

Decided July 15, 1981No. 12837, 12839 and 12888Published

1Opinion of the Court

JONES, Circuit Judge.

Max A. Kuehn, Sr., died testate on April 26, 1957, leaving a widow, Nell Carter Kuehn, and two sons, Carter and Max, Jr. Under the terms of his will, the residue of his estate was placed in trust. Included in the residue was a one-half interest in farm land adjacent to Sioux Falls. 1

The sons were to receive the income from the trust. Carter died in 1960 without issue, and his interest in the trust went to Max, Jr., who died on September 11, 1971. The widow and daughter of Max, Jr., then became the income beneficiaries of this trust.

The will provided that upon the death of…

2Cases cited7 opinions

  1. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1932
  2. In Re the Accounting of RowlandNew York Court of Appeals · 1937
  3. Kuehn v. First Nat. Bank in Sioux FallsSouth Dakota Supreme Court · 1976
  4. Amerige v. GoddardMassachusetts Supreme Judicial Court · 1944
  5. Kuehn v. First National BankSouth Dakota Supreme Court · 1973

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