43-36-5. Gift in view of death--Presumption.
A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death.
Source: CivC 1877, §643; CL 1887, §3264; RCivC 1903, §957; RC 1919, §565; SDC 1939, §51.1509.
Structure South Dakota Codified Laws
Chapter 36 - Gifts Of Personal Property
Section 43-36-1 - Gift defined.
Section 43-36-2 - Validity of verbal gift--Means of obtaining possession and control--Delivery.
Section 43-36-3 - Gift not subject to revocation by giver--Exception--Gift in view of death.
Section 43-36-4 - Gift in view of death--Definition.
Section 43-36-5 - Gift in view of death--Presumption.
Section 43-36-6 - Gift in view of death--Revocation--Rights of bona fide purchaser protected.
Section 43-36-7 - Gift in view of death not affected by will--Exception.
Section 43-36-8 - Gift in view of death--Treatment as legacy--Creditors of giver.