South Dakota High Court Affirms Testamentary Capacity, Reverses On Undue Influence

Mealey's (February 3, 2020, 12:54 PM EST) -- PIERRE, S.D. — The South Dakota Supreme Court on Jan. 22 affirmed a trial court’s ruling that a man had testamentary capacity and did not suffer from an insane delusion in executing a will that left his entire estate to his neighbor and disinherited his children but reversed the lower court’s grant of summary judgment to the neighbor on the undue influence claim of one of the children, finding that a genuine issue of material fact exists (In re Estate of Russell O. Tank, No. 28955 S.D. Sup., 2020 S.D. LEXIS 3)....

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