South Dakota Codified Laws 43-3-16. Birth of posthumous child terminates future interest depending on death withoutsuccessors under certain circumstances
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A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent‘s death, was born within ten months of the decedent’s death, and survived one hundred twenty hours or more after birth.
Terms Used In South Dakota Codified Laws 43-3-16
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Decedent: A deceased person.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: CivC 1877, § 211; CL 1887, § 2727; RCivC 1903, § 234; RC 1919, § 304; SDC 1939, § 51.0229; SL 2007, ch 247, § 2.