Trustee not to use property for his own benefit--Profit of trustee from use of property, extent of liability
Applied in 5 court decisions — leading case Ward v. Lange (1996)
Most recently applied in Langbehn v. Langbehn (February 2025)
Source: SDC 1939, § 59.0107.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A trustee may not in any manner use or deal with the trust property for his own profit or for any other purpose unconnected with the trust.
If he does so, he may, at the option of the beneficiary, be required to account for all profits thereby made or to pay the value of the use of the trust property, and if he has disposed thereof, to replace it with its fruits or to account for its proceeds with interest.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.