South Dakota § 55-4-22 Exoneration or reimbursement of trustee for tort committed in administration of trust.

South Dakota Statutes

§ 55-4-22 — Exoneration or reimbursement of trustee for tort committed in administration of trust.

South Dakota § 55-4-22

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-4UNIFORM TRUSTS ACT

This text of South Dakota § 55-4-22 (Exoneration or reimbursement of trustee for tort committed in administration of trust.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 55-4-22 (2026).

Text

A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if he has not discharged the claim, or to be reimbursed therefor out of trust funds if he has paid the claim, if:

(1)the tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust, or (2) although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability.

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A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if he has not discharged the claim, or to be reimbursed therefor out of trust funds if he has paid the claim, if: (1) the tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust, or (2) although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability.