WEEKLEY v. PROSTROLLO

No. 24970.

778 N.W.2d 823 (2010)

2010 SD 13

Jeanie WEEKLEY, Plaintiff and Appellant, v. Jerry PROSTROLLO and Robert J. Wagner, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 10, 2010.

Reassigned August 4, 2009.


Attorney(s) appearing for the Case

Gregory J. Stoltenburg, Todd D. Boyd of Gunderson, Evenson, Boyd Knight & Stoltenburg, LLP, Clear Lake, South Dakota, Attorneys for plaintiff and appellant.

James C. Roby, George J. Hawkins of Green, Roby, Oviatt, Cummings & Linngren, LLP, Watertown, South Dakota, Attorneys for defendant and appellee, Prostrollo.

James A. Power, Richard O. Gregerson of Woods, Fuller, Shultz and Smith, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee, Wagner.


KONENKAMP, Justice (on reassignment).

[¶ 1.] A beneficiary brought suit against an estate's personal representatives. She alleged breach of fiduciary duty and negligence. After a bench trial, the circuit court ruled in favor of the personal representatives. On appeal, we affirm in part, reverse in part, and remand.

Background

[¶ 2.] Walter Brownlee, Sr. died testate on August 17, 1997. His will devised all his Certificates of Deposit, his...

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