Legal Opinion

Kickland v. Egan

South Dakota Supreme Court

Decided December 18, 1915No. File No. 3778PublishedCited by 4 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. Action by Theodore Kicklancl, against George W. Egan and another, to- recover plaintiff’s -alleged interest in a residuary estate, and to set aside certain transactions between plaintiff and defendant, Egan. From a judgment for defendants, and from an -order denying a new trial, plaintiff appeals.

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Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. Action by Theodore Kicklancl, against George W. Egan and another, to- recover plaintiff’s -alleged interest in a residuary estate, and to set aside certain transactions between plaintiff and defendant, Egan. From a judgment for defendants, and from an -order denying a new trial, plaintiff appeals. (3) Under p-oint three of the opinion, Appellant submitted that: Persons standing in a -confidential relation towards others, must in -order to. entitle themselves to bold benefits which those others may have -conferred upon…

1Opinion of the CourtGates, J.

Plaintiff sought by this action to recover from defendant Egan the residuary assets -of the -estate of one Lafayette Ki-ckland, which were on deposit -in defendant bank amounting to $7,325.21, subject -to the repayment of the sum of $3,000 to the defendant Egan, -if the court should so find. Hereinafter the *431word “defendant” refers to defendant Egan, unless otherwise mentioned. Recovery was sought on two grounds: (a) The invalidity of a contract whereby plaintiff assigned to defendant one-third of plaintiff’s interest in said estate as a consideration for defendant’s attorney’s fees and…

2Cases cited1 opinion

  1. Egan v. BurnightSouth Dakota Supreme Court · 1914

3Cited by4 opinions

  1. First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980
  2. In re EganSouth Dakota Supreme Court · 1916
  3. Ofstad v. BeckSouth Dakota Supreme Court · 1937
  4. First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980

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