In Re Estate of Howe
South Dakota Supreme Court
1Concurring in part, dissenting in partSabers, Justice
[¶ 65.] • I concur in all respects except that I dissent on issue 3.
[¶ 66.] This is a lawsuit conceived in greed and executed with almost robot-like precision. It was from start to finish the pinnacle of selfishness and greed, the likes of which the world would do better without.
[¶ 67.] Michael, as personal representative for the wrongful death heirs of the estate of Edna Howe, had a fiduciary duty to do right by them. He breached this obligation at every opportunity. Michael had a fiduciary obligation to include, not exclude, all the wrongful death heirs of the Edna Howe estate in the…
2Cases cited2 opinions
- Argo Oil Corporation v. LathropSouth Dakota Supreme Court · 1955
- Lintz v. Holy Terror Mining Co.South Dakota Supreme Court · 1900