South Dakota § 55-4-19 - Action on contract against trustee in representative capacity--Execution against trust property--Intervention by beneficiary.
Full text of South Dakota South Dakota Codified Laws § 55-4-19 — Action on contract against trustee in representative capacity--Execution against trust property--Intervention by beneficiary., with citation guidance and answers to common questions.
§ 55-4-19. Action on contract against trustee in representative capacity--Execution against trust property--Intervention by beneficiary.
Whenever a trustee shall make a contract which is within his powers as trustee, or a predecessor trustee shall have made such a contract, and a cause of action shall arise thereon, the party in whose favor the cause of action has accrued may sue the trustee in his representative capacity, and any judgment rendered in such action in favor of the plaintiff shall be collectible by execution out of the trust property. In such an action the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim. Any beneficiary, or in the case of charitable trusts the attorney general and any corporation which is a beneficiary or agency in the performance of such charitable trust, may intervene in such action and contest the right of the plaintiff to recover.
Source: SL 1943, ch 308, § 12; SDC Supp 1960, § 59.0512 (1), (2).
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-4-19
What does South Dakota Codified Laws § 55-4-19 cover?
Section 55-4-19 ("Action on contract against trustee in representative capacity--Execution against trust property--Intervention by beneficiary.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-4-19?
A common citation format is "South Dakota Codified Laws § 55-4-19" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-4-19 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.