S.D. Codified Laws § 55-4-26
Tort liability of trust estate--Action against trustee, proof as to reimbursement unnecessary
In an action against the trustee in his representative capacity under § 55-4-25 the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim.
Source: SL 1943, ch 308, § 14; SDC Supp 1960, § 59.0514 (2).