South Dakota Codified Laws 43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee
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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.
Terms Used In South Dakota Codified Laws 43-7-5
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.