Kuehn v. First National Bank

MUNDT, Circuit Judge.

This appeal involves the interpretation and construction of Article Fifth, of the Last Will and Testament of Nell Carter Kuehn, deceased. The District County Court of Minnehaha County, South Dakota, construed the Article as indicating an express intention of the testatrix that the right to income should accrue from the date of distribution, rather than from the date of death. The appellants contend such interpretation is erroneous.

The textatrix, Nell Carter Kuehn, died May 12, 1971, leaving a Last Will and Testament which was admitted to probate on June 8, 1971, by the…