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IN RE ESTATE OF MONCUR

No. 25909.

812 N.W.2d 485 (2012)

2012 S.D. 17

In the Matter of the ESTATE OF Bernadine J. MONCUR.

Supreme Court of South Dakota.

Decided March 7, 2012.

Rehearing Denied April 20, 2012.

Attorney(s) appearing for the Case

Casey N. Bridgman , Wessington Springs, South Dakota, Attorney for appellant Shirley Anderson.

Timothy R. Johns of Johns & Kosel, Prof LLC, Lead, South Dakota, Attorneys for appellant Janet Nelson.

Wesley W. Buckmaster , Belle Fourche, South Dakota, Attorney for appellees Dianne Irene Shear and Miki Val Scheef.

SEVERSON, Justice.

[¶ 1.] Two beneficiaries of the Moncur Revokable [sic] Family Trust (Trust) petitioned the trial court to remove the co-trustees of the Trust on the grounds that the co-trustees violated various fiduciary duties. The trial court denied the petition. The beneficiaries appeal, raising the following issues: (1) whether the trial court erred in finding the co-trustees did not violate their fiduciary duties by using a surrogate bidder to purchase...

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