HOVERSTAD v. FIRST NATIONAL BANK AND TRUST CO.

No. 9500.

74 N.W.2d 48 (1955)

Ingrid K. HOVERSTAD et al., Plaintiffs and Appellants, v. The FIRST NATIONAL BANK AND TRUST CO., a Corporation, of Sioux Falls, South Dakota, also known as The First National Bank, a Corporation, of Sioux Falls, South Dakota, et al., Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied February 16, 1956.


Attorney(s) appearing for the Case

Henry C. Mundt and Acie W. Matthews, Sioux Falls, Bogue & Masten, Canton, for plaintiffs and appellants.

Jones & Matthews, E. G. Jones, Sioux Falls, for The First Nat. Bank & Trust Co., of Sioux Falls, defendant and respondent.

Blaine Simons, Sioux Falls, for appearing individual defendants and respondents.


SMITH, Judge.

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...

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