Legal Opinion

Matter of Estate of Perry

South Dakota Supreme Court

Decided July 29, 1998No. NonePublishedCited by 7 opinions

1Opinion of the Court

AMUNDSON, Justice.

[¶ 1.] After husband’s death, guardians for the estate of wife, who is an incompetent, challenged the validity of asset transfers purportedly made according to three separate powers of attorney, among other issues. The trial court ruled that wife was incompetent at the time of the execution of the powers. Therefore, the court held the transfers made pursuant to those instruments and challenged by the guardians were invalid. The personal representative of husband’s estate appeals. We affirm in part and reverse in part.

FACTS

[¶ 2.] Oliver Paul Perry and Dorothy Perry were…

2Cases cited24 opinions

  1. Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
  2. Miller v. HernandezSouth Dakota Supreme Court · 1994
  3. Century 21 Associated Realty v. HoffmanSouth Dakota Supreme Court · 1993
  4. Denke v. MamolaSouth Dakota Supreme Court · 1989
  5. Wagner v. WagnerSouth Dakota Supreme Court · 1968

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3Cited by7 opinions

  1. Mathis v. MathisSouth Dakota Supreme Court · 2000
  2. Johnson v. MarkveSouth Dakota Supreme Court · 2022
  3. Estate of Ducheneaux v. Ducheneaux (In Re Estate of Ducheneaux)South Dakota Supreme Court · 2018
  4. Estate of Zoss v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2001
  5. Matter of Petersen TrustSouth Dakota Supreme Court · 2023

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

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