43-3-12. Improbability of contingency does not invalidate future interest.
A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
Source: CivC 1877, §189; CL 1887, §2705; RCivC 1903, §212; RC 1919, §282; SDC 1939, §51.0219.
Structure South Dakota Codified Laws
Chapter 03 - Present And Future Interests In Property
Section 43-3-1 - Duration of enjoyment of property--Conditional enjoyment.
Section 43-3-2 - Effect of conditions precedent or subsequent.
Section 43-3-3 - Validity of condition precedent requiring performance of wrongful or unlawful act.
Section 43-3-4 - Validity of conditions imposing restraints upon marriage.
Section 43-3-5 - Conditions restraining alienation--Effect of repugnancy.
Section 43-3-6 - Mere possibility does not constitute an interest in property.
Section 43-3-7 - Present or future interest--Time of enjoyment--Right to possession of property.
Section 43-3-8 - Limitation, condition, or interest--Time of creation.
Section 43-3-9 - Future interest vested or contingent.
Section 43-3-10 - Vested future interest defined.
Section 43-3-11 - Contingent future interest defined.
Section 43-3-12 - Improbability of contingency does not invalidate future interest.
Section 43-3-13 - Creation of future interests to take effect in the alternative.
Section 43-3-17 - Creator of future interest may provide for its termination.
Section 43-3-18 - Future interest unaffected by act of owner of intermediate or precedent interest.
Section 43-3-19 - Future interest not defeated by determination of precedent interest.
Section 43-3-20 - Conveyance of future interest.
Section 43-3-21 - Perpetual or limited interest in property--Duration of enjoyment.