Matter of Estate of Bol

MILLER, Justice.

In this case of first impression, we address the issue of whether a subsequent will revokes a prior tentative (“Totten”)1 trust.

FACTS

Decedent Henrietta A. Bol (Henrietta), established a passbook savings account in 1976 and purchased three 30-month money market certificates in 1980, 1981 and 1982 at the Brookings (South Dakota) Savings & Loan Association. These deposits were all issued in the name of “Henrietta A. Bol, Trustee for Margaret Tompkins” (Henrietta’s sister).

On August 11, 1983, Henrietta executed her last will and testament. This will directed that all of her debts…