Hoverstad v. First National Bank and Trust Co.

Ole Rogn of Minnehaha County, South Dakota, died September 14, 1946. The residuary clause of his will reads, “all the remainder of my estate to all my first cousins.” Eventually a residue of $75,313.38 was distributed among twenty-one first cousins of the testator pursuant to a decree for partial distribution and the final decree of the County Court of Minnehaha County, and the executor was discharged. Claiming to be first cousins, or lineal descendants of first cousins of the testator, and entitled to take under his will, the plaintiffs, residents of the Kingdom of Norway, brought this…