ENDRES v. ENDRES

#29552.

984 N.W.2d 139 (2022)

2022 S.D. 80

Terry ENDRES, Plaintiff and Appellant, v. Gregory ENDRES, individually and as Co-Trustee of the Endres Family Trust; Donald Endres, as Co-Trustee of the Endres Family Trust; Carol Waters, as Co-Trustee of the Endres Family Trust; Judy Endres (fka Judy Zeiger), as Co-Trustee of the Endres Family Trust; and Ruth Parkhurst, as Co-Trustee of the Endres Family Trust, Defendants and Appellees. Gregory Endres, Plaintiff and Appellee, v. Terry Endres, Defendant and Appellant, and Donald Endres, Gregory Endres Carol Waters, Judy Endres (fka Judy Zeiger), Janet Endres and Ruth Parkhurst, in their capacity as Co-Trustees of the Endres Family Trust, Defendants and Appellees. In the Matter of the Endres Family Trust.

Supreme Court of South Dakota.

OPINION FILED December 28, 2022.


Attorney(s) appearing for the Case

RONALD A. PARSONS, JR. , PAMELA R. REITER , SHANNON R. FALON of Johnson, Janklow, Abdallah & Reiter, LLP, Sioux Falls, South Dakota, Attorneys for appellant Terry Endres.

ALEX HAGEN of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellee Janet Endres.

JASON R. SUTTON , THOMAS WELK of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for appellees Donald Endres, Carol Waters, Judy Zeiger, and Ruth Parkhurst.

JOE ERICKSON , LEE SCHOENBECK of Schoenbeck Law Office, P.C., Watertown, South Dakota, Attorneys for appellee Gregory Endres.


[¶1.] James (Jim) Endres through a Declaration of Trust created the irrevocable Endres Family Trust (Trust) in March 1992, designating his seven children as beneficiaries: Gregory Endres, Donald Endres, Ruth Parkhurst, Carol Waters, Judy Endres, Terry Endres, and Janet Endres. Jim served as the sole trustee. The Trust was twice...

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