No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner, and to the same extent, as if the precedent interest had continued to the same period.

Terms Used In South Dakota Codified Laws 43-3-19

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Source: CivC 1877, § 214; CL 1887, § 2730; RCivC 1903, § 237; RC 1919, § 307; SDC 1939, § 51.0230.