43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.
Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.
Source: CivC 1877, §221; CL 1887, §2737; RCivC 1903, §244; RC 1919, §314; SDC 1939, §51.0406.
Structure South Dakota Codified Laws
Chapter 07 - Estates In Real Property
Section 43-7-1 - Duration of enjoyment of estates in real property.
Section 43-7-2 - Classification of estates in real property.
Section 43-7-3 - Estate of inheritance--Fee simple or absolute fee.
Section 43-7-4 - Abolishment of estates tail--Fee tail is now a fee simple.
Section 43-7-6 - Estate during life of a third person is a freehold.