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WARD v. LANGE

No. 19295.

553 N.W.2d 246 (1996)

1996 SD 113

Gary WARD, as Agent of the Estate of Walter O'Keefe, Deceased, Plaintiff and Appellee, v. Gail LANGE and Loren Lange, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Dennis Duncan and Jeffrey Cole of Zimmer, Duncan and Cole, Parker, for plaintiff and appellee.

Kenneth D. Bertsch of Ulmer, Hertz & Bertsch, Menno, for defendants and appellants.

KONENKAMP, Justice.

[¶ 1] This case requires us to determine the extent to which individuals contracting with elderly, impaired persons may become liable as fiduciaries. Defendants, having been found as a matter of law to have acted in a fiduciary capacity in dealings with their uncle, appeal an adverse jury verdict. We affirm.

BACKGROUND

[¶ 2] Walter O'Keefe was 101 years old when he died on November 12, 1992. A retired farmer, he had...

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