Legal Opinion

Weekley v. Prostrollo

South Dakota Supreme Court

Decided February 10, 2010No. 24970PublishedCited by 15 opinions

1Opinion of the Court

KONENKAMP, Justice (on reassignment).

[¶ 1.] A beneficiary brought suit against an estate’s personal representatives. She alleged breach of fiduciary duty and negligence. After a bench trial, the circuit court ruled in favor of the personal representatives. On appeal, we affirm in part, reverse in part, and remand.

Background

[¶ 2.] Walter Brownlee, Sr. died testate on August 17, 1997. His will devised all his Certificates of Deposit, his residence, and most of his personal property to his long-time companion, Jeanie Weekley. The bulk of Brownlee’s estate, however, passed into a trust for the…

2Cases cited21 opinions

  1. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  2. Tessmar v. GrosnerSupreme Court of New Jersey · 1957
  3. Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
  4. Schmidt v. Wildcat Cave, Inc.South Dakota Supreme Court · 1977
  5. Sanchez-Corea v. Bank of AmericaCalifornia Supreme Court · 1985

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3Cited by15 opinions

  1. Kreisers Inc. v. First Dakota Title Ltd. PartnershipSouth Dakota Supreme Court · 2014
  2. Bailey v. DulingSouth Dakota Supreme Court · 2013
  3. In Re the Administration of the Florence Y. Wallbaum Revocable Living Trust AgreementSouth Dakota Supreme Court · 2012
  4. In Re the Trust Fund Created Under the Terms of the Last Will & Testament of BaumgartSouth Dakota Supreme Court · 2015
  5. In Re the Estate of MoncurSouth Dakota Supreme Court · 2012

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