The SD Supreme Court handed down one decision this morning,
holding inter alia:
1)
Jury verdict of undue influence reinstated
ESTATE OF TANK, 2023 S.D. 59:
This proceeding involves a challenge to a will which named Decedent’s Neighbor
as sole heir and personal representative of a “sizeable
estate.” Decedent’s
“four children challenged the validity of the will based on a
lack of testamentary capacity, insane delusions, and undue influence.” The trial
court had previously granted summary judgment for Neighbor, but this was
reversed by the SD Supreme Court in In re Estate of Tank, 2020 S.D. 2,
938 N.W.2d 449. On remand, a jury rendered
its verdict against the Neighbor on the ground of undue influence. The
trial court granted Neighbor’s “motion for
judgment as a matter of law and, in the alternative, a motion for a new trial.” In this
appeal, the SD Supreme Court reversed, reinstated the Jury Verdict and remanded
for further proceedings. This ruling is
unanimous (5-0), with opinion authored by Justice Kern. Circuit Judge Knoff sat on this case, in lieu
of Justice Myren. NOTE: this decision is
lengthy, 31 pages, and addresses many issues.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
