Significant Probate and Trust Decisions - Section IV
John F. Kuether
308 29 REAL PROPERTY, PROBATE AND TRUST JOURNAL equally to the three children, and Darrell appealed. The supreme court reversed, holding that because the will was written by non-lawyers, the court should not construe the will technically, but should look to the subjective intent of the testators. The court held that the parents' will expressed their intent to provide for Darrell because of his service to them. Similarly, the South Dakota Supreme Court varied from the plain meaning of a will to...