Legal Opinion

In Re the Administration of the Florence Y. Wallbaum Revocable Living Trust Agreement

South Dakota Supreme Court

Decided March 7, 2012No. 25849PublishedCited by 11 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Certain remainder beneficiaries of the Florence Y. Wallbaum Revocable Living Trust petitioned the trial court to interpret the terms of the trust and to determine whether the trustee breached its fiduciary duties. The trial court found the trust was ambiguous. After considering extrinsic evidence, the trial court found that the settler of the trust, Florence Wallbaum, intended for the trustee to use trust principal to maintain the Wallbaum residence. The trial court also ruled the trustee did not breach its fiduciary duties in administering the trust. The remainder…

2Cases cited21 opinions

  1. State v. PellegrinoSouth Dakota Supreme Court · 1998
  2. Johnson v. JohnsonSouth Dakota Supreme Court · 1980
  3. Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
  4. Ward v. LangeSouth Dakota Supreme Court · 1996
  5. Matter of Estate of JetterSouth Dakota Supreme Court · 1997

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3Cited by11 opinions

  1. Matter of Sunray Holdings TrustSouth Dakota Supreme Court · 2013
  2. In Re the Estate of LongSouth Dakota Supreme Court · 2014
  3. SBS Financial Services, Inc. v. Plouf Family TrustSouth Dakota Supreme Court · 2012
  4. Endres v. EndresSouth Dakota Supreme Court · 2022
  5. Estate of CalvinSouth Dakota Supreme Court · 2021

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

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