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ESTATE OF JUHNKE v. MARQUARDT

No. 21574.

623 N.W.2d 731 (2001)

2001 SD 26

The ESTATE OF Kerry JUHNKE, Deceased, by Janice JUHNKE, Administratrix, and the Estate of Thomas Juhnke, Deceased, by Teresa Juhnke, Administratrix, Plaintiffs and Appellants, v. George MARQUARDT, as Special Administrator of the Estate of Calvin Marquardt, Deceased, George Marquardt, Darlene Engelmeyer, Edward Engelmeyer, Dotty Adams, Carol Marnach, and Steve Marnach, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 7, 2001.

Attorney(s) appearing for the Case

Jonathan K. Van Patten, Vermillion, Robert J. Burns, Burns Law Firm, Sioux Falls, Attorneys for plaintiffs and appellants.

John H. Billion, Lon J. Kouri of May, Johnson, Doyle & Becker, Sioux Falls, Attorneys for defendants and appellees.

GILBERTSON, Justice.

[¶ 1.] The estates of Thomas and Kerry Juhnke (Juhnkes) brought this action under South Dakota's version of the Uniform Fraudulent Transfers Act (UFTA) to set aside various gifts made by Calvin Marquardt (Marquardt) to the defendants. The circuit court granted summary judgment in favor of the defendants as to certain transfers, finding that the date of transfer under UFTA was the date the gifts were received. Therefore, the UFTA

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