Legal Opinion

Huber v. Backus

South Dakota Supreme Court

Decided November 30, 1961No. File 9918PublishedCited by 9 opinions

1Opinion of the CourtRentto, J.

This action to determine adverse claims was brought by the administrator of the estate of William C. Huber, who died of a heart attack February 1, 1959,. to set aside certain deeds executed by the decedent in the summer of 1955 in which defendant is the grantee. It is his claim that they are invalid because (1) they were not properly executed and delivered; (2) they are an attempted testamentary disposition; and (3) they were obtained through fraud and undue influence and are therefore subject to a constructive trust in favor of decedent’s estate. The administrator appeals from the judgment…

2Cases cited9 opinions

  1. Tennant v. John Tennant Memorial HomeCalifornia Supreme Court · 1914
  2. Trumbauer v. RustSouth Dakota Supreme Court · 1915
  3. St. Louis County National Bank v. FielderSupreme Court of Missouri · 1953
  4. Wolf v. WolfSouth Dakota Supreme Court · 1932
  5. McGillivray v. WipfSouth Dakota Supreme Court · 1936

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

3Cited by9 opinions

  1. Stockwell v. StockwellSouth Dakota Supreme Court · 2010
  2. Spitzer v. SpitzerSouth Dakota Supreme Court · 1969
  3. Nelson v. NelsonSouth Dakota Supreme Court · 1980
  4. Hagen v. PalmerSouth Dakota Supreme Court · 1973
  5. Larsen v. MorrisonSouth Dakota Supreme Court · 1980

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

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