43-9-12. Effect of remainder limited on estate for life or for years.
When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years.
Source: CivC 1877, §237; CL 1887, §2753; RCivC 1903, §260; RC 1919, §330; SDC 1939, §51.0421.
Structure South Dakota Codified Laws
Chapter 09 - Future Estates In Real Property
Section 43-9-1 - Freehold estate--Commencement at a future date.
Section 43-9-2 - Limitation of future estate.
Section 43-9-3 - Reversion, definition.
Section 43-9-4 - Remainder, definition.
Section 43-9-5 - Contingent remainder in fee created on prior remainder in fee.
Section 43-9-6 - Successive estates for life--Limitation.
Section 43-9-7 - Remainder upon successive estates for life.
Section 43-9-9 - Estate for life cannot be limited as a remainder on a term of years--Exception.
Section 43-9-10 - Conditional limitation--Remainder limited on contingency.
Section 43-9-11 - Rights of heirs of life tenant when made remaindermen.
Section 43-9-12 - Effect of remainder limited on estate for life or for years.
Section 43-9-14 - Action for injury to inheritance--Right to maintain.