Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.

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Terms Used In South Dakota Codified Laws 43-9-6

  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • 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, § 231; CL 1887, § 2747; RCivC 1903, § 254; RC 1919, § 324; SDC 1939, § 51.0415.