The South Dakota Supreme Court has ruled against a circuit judge’s decision to set aside a jury’s verdict in a contested will case involving the estate of reclusive farmer Russell Tank.
The verdict favored Tank’s daughter, Sherri Castro, over a neighboring farmer, Jason Bender, named as the sole beneficiary in a 2012 will.
The court found sufficient evidence supporting the jury’s conclusion that the will disinheriting Sherri was the result of undue influence.
The ruling also calls for Bender’s removal as the personal representative of Tank’s estate.
The court refrained from deciding whether Tank died intestate, deferring the matter back to the circuit court.