Endres v. Endres
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The Supreme Court reversed the judgment of the circuit court denying Appellant's application for attorney fees as a co-trustee under S.D. Codified Laws 55-3-13, holding that the circuit court abused its discretion in awarding Appellant nothing in attorney fees.
James Endres created an irrevocable family trust, designating his seven children as beneficiaries. The children were later designated as co-trustees. Appellant, one of the children, commenced litigation seeking court supervision of the trust and to remove five of the co-trustees for breach of fiduciary duties. The parties eventually settled all issues except for Appellant's application for attorney fees. The circuit court denied attorney fees. The Supreme Court reversed, holding that Appellant was entitled to attorney fees under section 55-3-13 for his actions as a co-trustee which were productive to actual benefit of the trust.
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