Legal Opinion

Matter of Estate of Holan

South Dakota Supreme Court

Decided May 5, 2004No. NonePublishedCited by 3 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] Interest usually begins to accrue on pecuniary devises either at the time set by statute or the time set in the will. The question presented here is whether a delay in the settlement of an estate caused by a will contest and a dispute on valuation will also delay the time interest begins to accrue on such devises. In this case, the circuit court ruled that, despite the delay in settlement, interest accrued from the date of death, as provided in the testator’s will. Although there is a split of authority on the question, we adopt the majority view that delay in…

2Cases cited5 opinions

  1. In Re the Estate of DokkenSouth Dakota Supreme Court · 2000
  2. In Re Estate of HolanSouth Dakota Supreme Court · 2001
  3. In re Woodward's EstateSupreme Court of Vermont · 1906
  4. Osloond v. OsloondSouth Dakota Supreme Court · 2000
  5. Glass v. CrossCourt of Civil Appeals of Oklahoma · 1983

3Cited by3 opinions

  1. Wagner v. BrownleeSouth Dakota Supreme Court · 2006
  2. In Re the Estate of GinsbachSouth Dakota Supreme Court · 2008
  3. Rainville v. Boxer Blake & Moore PLLCDistrict Court, D. Vermont · 2021

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