Find Laws Find Lawyers Free Legal Forms USA State Laws

SOUTH DAKOTA STATUTES AND CODES

Section 55-4-25 - Tort liability of trust estate--Action against trustee, amount of recovery,intervention by beneficiary.

55-4-25. Tort liability of trust estate--Action against trustee, amount of recovery, intervention by beneficiary. Where a trustee or his predecessor has incurred personal liability for a tort committed in the course of his administration, the trustee in his representative capacity may be sued and collection had from the trust property, if the court shall determine in such action:
(1) that the tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; or
(2) that, although the tort was not a common incident of such activity, neither the trustee nor his predecessor, nor any officer or employee of the trustee or his predecessor, was guilty of personal fault in incurring the liability; or
(3) that, although the tort did not fall within classes (1) or (2) above, it increased the value of the trust property.
If the tort is within classes (1) or (2) above, collection may be had of the full amount of damage proved; and if the tort is within class (3) above, collection may be had only to the extent of the increase in the value of the trust property.
Any beneficiary may intervene in such action and contest the right of the plaintiff to recover.

Source: SL 1943, ch 308, § 14; SDC Supp 1960, § 59.0514 (1), (3).

South Dakota Forms by Issue

South Dakota Court Forms
> Personal Protection
South Dakota Divorce Forms
South Dakota Family Forms
South Dakota Name Change Forms
South Dakota Parental Notification Forms

South Dakota Law

South Dakota State Laws
    > South Dakota Child Support
    > South Dakota Gun Laws
    > South Dakota Statute
South Dakota Tax
    > South Dakota State Tax
South Dakota Agencies
    > South Dakota Department of Labor

South Dakota Court Map

Tips