SBS Financial Services, Inc. v. Plouf Family Trust
South Dakota Supreme Court
1Opinion of the Court
WILBUR, Justice.
[¶ 1.] In this case, we interpret a trust instrument to decide whether the death of Betty Plouf triggered the offset provision of the Plouf Family Trust (Trust), and thus, instantaneously satisfied the mortgage lien the Trust held on the home of a beneficiary. We hold that it did and affirm the decision of the trial court.
FACTS AND PROCEDURAL BACKGROUND
[¶ 2.] Although this case turns on the interpretation of a trust instrument, it has its origins in a first and second mortgage on the home of Larry and Marianne En-glund. In 1993, the Englunds, in exchange for a $52,000 loan,…
2Cases cited9 opinions
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Moore v. Michelin Tire Co., Inc.South Dakota Supreme Court · 1999
- Midcom, Inc. v. OehlerkingSouth Dakota Supreme Court · 2006
- Shriver v. SimsNebraska Supreme Court · 1934
- In Re the Administration of the Florence Y. Wallbaum Revocable Living Trust AgreementSouth Dakota Supreme Court · 2012
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3Cited by5 opinions
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- Goin v. HoudasheltSouth Dakota Supreme Court · 2020
- Wellin v. WellinDistrict Court, D. South Carolina · 2019