South Dakota Codified Laws 43-9-12. Effect of remainder limited on estate for life or for years
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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.
Terms Used In South Dakota Codified Laws 43-9-12
- 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.
- 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, § 237; CL 1887, § 2753; RCivC 1903, § 260; RC 1919, § 330; SDC 1939, § 51.0421.