Legal Opinion · Dissent

Schroeder v. Herbert C. Coe Trust

South Dakota Supreme Court

Decided March 8, 1989No. 16103, 16104 and 16117Published

1DissentHenderson, Justice

I respectfully dissent to this entire opinion, as it is now written, with the exception of that portion of the opinion dealing with NEW TRIAL. If this case is being returned for a new trial, as I understand it to *188be, to determine if, indeed, there is a valid trust, it makes no sense to propound holdings on(a) the beneficiaries of the trust;(b) the property properly includable or excludable in the trust;(c) if the trust was revoked and its date of revocation;(d) determining whether the trustee acted properly, and unjust or just award of fees to the trustee; and(e) lawful entitlement to…

2Cases cited8 opinions

  1. Greene v. GreeneNew York Court of Appeals · 1982
  2. Matter of Estate of HermSupreme Court of Iowa · 1979
  3. Hepper v. Triple U Enterprises, Inc.South Dakota Supreme Court · 1986
  4. Hyde v. HydeSouth Dakota Supreme Court · 1959
  5. Beard v. BeardCourt of Appeals of Kentucky · 1917

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API