21-44-6. Life estates in personal property subject to termination--Joinder with proceedings as to real property.
In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in §21-44-1, the right of a life tenant in personal property may be terminated either as the sole purpose of the proceeding or in connection with the termination of an interest in real estate, for which purpose the designation of real property in any such statute or rule of court shall be deemed to include personal property, and reference therein to recording data or recording as applying to real property shall be construed to include filing data or filing as may be applicable to personal property.
Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, §37.1213 (3).
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.