New Case: In re Matheny Family Trust

In a recent case decided by the South Dakota Supreme Court, a sister and brother were co-trustees of a family trust established by the siblings’ parents.  Before their mother died, she entered into a contract for deed with brother for the sale of 480 acres of trust farmland.  After the mother died, the siblings stipulated for court supervision of the trust.  Subsequently, sister sued brother and his wife for undue influence on his contract for deed with their mother.  The circuit court granted summary judgment for Brother, concluding that Sister’s claim of undue influence was barred by the statute of limitations and that any oral agreement associated with the contract for deed was barred by the statute of frauds. The Supreme Court affirmed, holding (1) because Sister did not timely bring her claim for undue influence, the circuit court correctly ruled that the claim was barred by the statute of limitations; and (2) because Sister sought to enforce her asserted interest in the sale of real estate, the circuit court correctly ruled that any oral agreement regarding the real estate was barred by the statute of frauds.

See In re Matheny Family Trust (2015), Justia US Law.