Jahnel v. First Northwestern Trust Co. of South Dakota

TAPKEN, Circuit Judge.

This appeal results from the finding that Chrystal Madsen (Chrystal) breached her duties as an implied trustee and fiduciary involving the management of rental properties which had been previously transferred to an express trust. We affirm, in part, and reverse, in part.

Elizabeth Jahnel (Elizabeth) died in January 1981 at the age of ninety-four years. At the time of her death she left five surviving children: Edgar Jahnel (Edgar), Roy Jahnel (Roy), Harold Jahnel (Harold), Audrey Kanian (Audrey) and Chrystal. Edgar, Roy, Harold and Audrey, as individuals, along with the…