43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act.
If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
Source: CivC 1877, §198; CL 1887, §2714; RCivC 1903, §221; RC 1919, §291; SDC 1939, §51.0225.
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.