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ESTATE OF STOEBNER v. HUETHER

#28819.

935 N.W.2d 262 (2019)

2019 S.D. 58

ESTATE OF Kenneth STOEBNER, Plaintiff and Appellee, v. Curtis HUETHER, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED October 23, 2019.

Attorney(s) appearing for the Case

TIMOTHY R. WHALEN , Lake Andes, South Dakota, Attorney for plaintiff and appellee.

TAMARA D. LEE , Yankton, South Dakota, Attorney for defendant and appellant.

[¶1.] Curtis Huether served as Kenneth Stoebner's attorney-in-fact under a power of attorney. Pursuant to this role, Huether executed a sale of Stoebner's real property to himself four days before Stoebner's death. Stoebner's estate (Estate) subsequently brought a breach of fiduciary duty claim against Huether for...

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