Section 55-2-7 – Fraud against beneficiary of trust.

55-2-7. Fraud against beneficiary of trust. Every violation of the provisions of §§55-2-1 to 55-2-6, inclusive, is a fraud against the beneficiary of the trust. Source: SDC 1939, §59.0112.

Section 55-2-8 – Presumption against trustee.

55-2-8. Presumption against trustee. 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. Source: SDC 1939, […]

Section 55-2-9 – Liability of trustee mingling trust property with his own.

55-2-9. Liability of trustee mingling trust property with his own. A trustee who willfully and unnecessarily mingles the trust property with his own so as to constitute himself in appearance its absolute owner is liable for its safety in all events. Source: SDC 1939, §59.0114.