Legal Opinion

In Re the Estate of Moncur

South Dakota Supreme Court

Decided March 7, 2012No. 25909PublishedCited by 6 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Two beneficiaries of the Moncur Revokable [sic] Family Trust (Trust) petitioned the trial court to remove the co-trustees of the Trust on the grounds that the co-trustees violated various fiduciary duties. The trial court denied the petition. The beneficiaries appeal, raising the following issues: (1) whether the trial court erred in finding the co-trustees did not violate their fiduciary duties by using a surrogate bidder to purchase Trust property at public auction; and (2) whether the trial court erred in finding the remaining allegations that the co-trustees…

2Cases cited8 opinions

  1. Ward v. LangeSouth Dakota Supreme Court · 1996
  2. American State Bank v. AdkinsSouth Dakota Supreme Court · 1990
  3. In Re the Estate of StevensonSouth Dakota Supreme Court · 2000
  4. Lustig v. LustigSouth Dakota Supreme Court · 1997
  5. Weekley v. ProstrolloSouth Dakota Supreme Court · 2010

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3Cited by6 opinions

  1. In Re Heupel Family Revocable Trust Dated Mar. 23, 1999South Dakota Supreme Court · 2018
  2. In Re the Trust Fund Created Under the Terms of the Last Will & Testament of BaumgartSouth Dakota Supreme Court · 2015
  3. Dunn v. Lyman School District 42-1District Court, D. South Dakota · 2014
  4. Endres v. EndresSouth Dakota Supreme Court · 2022
  5. Langbehn v. LangbehnSouth Dakota Supreme Court · 2025

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

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