Matter of Estate of Davis

HENDERSON, Retired Justice

(dissenting).

It is a long-standing rule of law that the trier of fact, in its capacity as sole judge of the credibility of witnesses, may accept or reject all or part of an expert’s testimony. Lewton v. McCauley, 460 N.W.2d 728 (S.D.1990); Cargill Inc. v. Elliott Farms, Inc., 363 N.W.2d 212 (S.D.1985); State v. Romero, 269 N.W.2d 791 (S.D.1978). Expert Deming Smith testified that the assets were capable of being valued at the time of Ethlyn Davis’ death. He fixed the amount at $62,255.00. Another expert David Gerdes testified the lawsuit was not capable of evaluation…