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IN RE ESTATE OF KUEHN

No. 11223.

212 N.W.2d 356 (1973)

In re ESTATE of Nell Carter KUEHN, Deceased. Jane S. KUEHN, Executrix of the Estate of Max A. Kuehn, Jr., Deceased, et al., Appellants, v. The FIRST NATIONAL BANK in Sioux Falls, as Custodial Executor, Respondent.

Supreme Court of South Dakota.

November 15, 1973.

Attorney(s) appearing for the Case

George A. Bangs, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellants.

E. G. Jones, Jones & Matthews, Sioux Falls, for respondent.

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.

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