In Re Carlson Trust
South Dakota Supreme Court
1DissentBiegelmeier, Judge
While, as the opinion indicates, the record shows the trust fund was established from proceeds of the dwelling house of Henry Carlson, Jr. and Emma Lou Carlson, the trust agreement is between Emma Lou Carlson and the Trustee Bank only, and it acknowledges she "transferred and set over" to the Trustee the $38,000 trust fund, and the Trustee acknowledges receipt of it from her alone. The money had to be hers or she could not have legally created the trust. Henry Carlson, Jr. was not a party to the trust agreement and he has only a future interest contingent on the remarriage of Emma Lou or her…
2Cases cited5 opinions
- Ingalls v. IngallsSupreme Court of Alabama · 1951
- Bickford v. WicklowSupreme Court of Minnesota · 1956
- In Re Trust Created by Will of TuthillSupreme Court of Minnesota · 1956
- In Re Estate of WeisskopfAppellate Court of Illinois · 1963
- Guardianship of Severtson v. SevertsonSouth Dakota Supreme Court · 1944