Legal Opinion

In Re the Administration of the C.H. Young Revocable Living Trust

South Dakota Supreme Court

Decided June 11, 2008No. 24528PublishedCited by 2 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] A trust instrument allocated all but eighty acres of land to specific beneficiaries. One beneficiary believed that the trustor intended to assign the eighty acres to him. When a petition to modify the trust was submitted, the circuit court denied it on grounds of laches and expiration of the statute of limitations. We conclude that the doctrine of laches precludes re forming or modifying the trust instrument because the aggrieved beneficiary, while knowing of the problem, took no action to petition the court for over ten years.

Background

[¶2.] C.H. Young (Cy) and his…

2Cases cited6 opinions

  1. Golden v. Oahe Enterprises, Inc.South Dakota Supreme Court · 1976
  2. Conway v. ConwaySouth Dakota Supreme Court · 1992
  3. Ike v. DoolittleCalifornia Court of Appeal · 1998
  4. FB & I Building Products, Inc. v. Superior Truss & ComponentsSouth Dakota Supreme Court · 2007
  5. Tovsland v. ReubSouth Dakota Supreme Court · 2004

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

3Cited by2 opinions

  1. Wehrkamp v. WehrkampSouth Dakota Supreme Court · 2009
  2. Clarkson & Co. v. Continental Resources, Inc.South Dakota Supreme Court · 2011

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