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IN RE MATHENY FAMILY TRUST

No. 27034.

859 N.W.2d 609 (2015)

2015 S.D. 5

In the Matter of the MATHENY FAMILY TRUST.

Supreme Court of South Dakota.

Decided January 28, 2015.

Attorney(s) appearing for the Case

Zachary W. Peterson of Richardson, Wyly, Wise, Sauck & Hieb LLP, Aberdeen, South Dakota, Attorneys for petitioner and appellant Karen Bridges.

Michael J. Schaffer , Paul H. Linde of Schaffer Law Office Prof. LLC, Sioux Falls, South Dakota, Attorneys for respondents and appellees C. Wayne Matheny and Donna Matheny.

[¶ 1.] In this Trust action, one trustee (the sister) sued her co-trustee (the brother) for undue influence on his contract for deed with their mother. Granting summary judgment for the brother, the circuit court held that the sister's claim was barred by the statute of limitations. In addition, the court ruled that...

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