All transactions between a trustee and his beneficiary during the existence of the trust or while the influence acquired by the trustee remains, by which he obtains any advantage from his beneficiary, are presumed to be entered into by the latter without sufficient consideration and under undue influence.
S.D. Codified Laws § 55-2-8
Presumption against trustee
Applied in 2 court decisions — leading case In Re the Estate of Stevenson (2000)
Most recently applied in In Re the Estate of Moncur (March 2012)
Source: SDC 1939, § 59.0113.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.