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  5. 428 N.W.2d 528 (1988)
 

MATTER OF ESTATE OF JAHNEL

Nos. 15406, 15415.

428 N.W.2d 528 (1988)

In the Matter of the ESTATE OF Elizabeth Ellen JAHNEL, Deceased. Edgar JAHNEL, Roy Jahnel, Harold Jahnel, and Audrey Kanain, Plaintiffs and Appellees, v. FIRST NORTHWESTERN TRUST COMPANY OF SOUTH DAKOTA and Elmer Thurow, Defendants, Chrystal Madsen, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 24, 1988.

Rehearing Denied September 29, 1988.

Attorney(s) appearing for the Case

James A. Wyly of Richardson, Groseclose, Kornmann, and Wyly, Aberdeen, for plaintiffs and appellees.

Thomas P. Tonner of Tonner & Tobin, Aberdeen, for defendant and appellant.

TAPKEN, Circuit Judge.

This appeal results from the finding that Chrystal Madsen (Chrystal) breached her duties as an implied trustee and fiduciary involving the management of rental properties which had been previously transferred to an express trust. We affirm, in part, and reverse, in part.

Elizabeth Jahnel (Elizabeth) died in January 1981 at the age of ninety-four years. At the time of her death she left five surviving children: Edgar Jahnel (Edgar), Roy...

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