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IN RE NELSON LIVING TRUST

No. 26585.

835 N.W.2d 874 (2013)

2013 S.D. 58

In the Matter of the Amended and Restated NELSON LIVING TRUST Dated September 19, 2002, as Amended.

Supreme Court of South Dakota.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Rick W. Orr , Justin T. Clarke of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for trustee and appellant The First National Bank of Sioux Falls.

Michael F. Tobin , Jennifer E. Bunkers , Meghann M. Joyce of Boyce, Greenfield, Pashby, & Welk, LLP, Sioux Falls, South Dakota, Attorneys for petitioner and appellee Ann Nelson.

WILBUR, Justice.

[¶ 1.] Ann Nelson, Decedent's ex-wife, timely filed a claim against Decedent's estate claiming entitlement to compensation for nursing and convalescent services she provided to Decedent prior to his death. Trustee denied the claim, contending that forgiveness of a loan Decedent made to Ann constituted payment for services rendered. Ann then filed a Petition for Allowance of Claim, alleging breach of contract and unjust enrichment and seeking...

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