21-44-19. Judgment finding life tenant deceased and terminating life estate--Effect of judgment.
Upon the completion of the hearing and compliance with the procedure and proof required by this chapter, the court may make an order or judgment, finding as a fact upon the question of the death of the life tenant and adjudicating upon the termination of the life tenant's right, title, interest, lien, or claim upon the property involved. The order or judgment of the court shall be of the same force and effect and finality of other judgments of the circuit court. If the court shall find or adjudge as a fact that the life tenant is deceased, such adjudication terminates all right, title, interest, lien, or claim of such life tenant and those claiming under him adversely to the remainderman or his successor in interest, unless the same is asserted as provided in §21-44-24.
Source: SDC 1939 & Supp 1960, §37.1207.
Structure South Dakota Codified Laws
Chapter 44 - Termination Of Life Estates
Section 21-44-1 - Definition of terms.
Section 21-44-2 - Recording death certificate--Prima facie evidence--Affidavit identifying property.
Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.
Section 21-44-4 - Joinder of proceedings as to two or more life tenants.
Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.
Section 21-44-7 - Lis pendens notice required if property in another county affected.
Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.
Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.
Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.
Section 21-44-13 - Procedure on contested petitions.
Section 21-44-14 - Inquiry and proof required on uncontested petition.
Section 21-44-16 - Statement or affidavit establishing death of person in military service.
Section 21-44-17 - Presumption of death after seven years' absence.
Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.
Section 21-44-20 - Validation of prior proceedings as to personal property.
Section 21-44-22 - Validation of prior proceedings where notice or allegations were insufficient.
Section 21-44-23 - Recording of judgment terminating estate--Prima facie evidence.
Section 21-44-25 - Prospective and retrospective application of chapter.