43-5-6. Distribution according to intent of creator.
If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have not by the terms of the instrument become distributable or vested shall then be distributed as the court having jurisdiction directs, giving effect to the general intent of the creator of the trust or other instrument.
Source: SL 1983, ch 304, ยง2.
Structure South Dakota Codified Laws
Chapter 05 - Restraints On Alienation Of Property
Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.
Section 43-5-3 - Term of years--Suspension of absolute ownership.
Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.
Section 43-5-5 - Computation of period for interest or trust created under power of appointment.
Section 43-5-6 - Distribution according to intent of creator.
Section 43-5-7 - Exempt transfers.
Section 43-5-8 - Rule against perpetuities not in force.
Section 43-5-9 - Limitation of actions to void existing instruments.