Section 43-3-20 – Conveyance of future interest.
43-3-20. Conveyance of future interest. Future interests pass by succession, will, and transfer, in the same manner as present interests. Source: CivC 1877, §191; CL 1887, §2707; RCivC 1903, §214; RC 1919, §284; SDC 1939, §51.0220.
Section 43-3-21 – Perpetual or limited interest in property–Duration of enjoyment.
43-3-21. Perpetual or limited interest in property–Duration of enjoyment. In respect to the time of enjoyment, an interest in property is either perpetual or limited. A perpetual interest has a duration equal to that of the property. A limited interest has a duration less than that of the property. Source: CivC 1877, §§180, 183, 184; […]
Section 43-3-11 – Contingent future interest defined.
43-3-11. Contingent future interest defined. A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain. Source: CivC 1877, §187; CL 1887, §2703; RCivC 1903, §210; RC 1919, §280; SDC 1939, §51.0217.
Section 43-3-12 – Improbability of contingency does not invalidate future interest.
43-3-12. Improbability of contingency does not invalidate future interest. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. Source: CivC 1877, §189; CL 1887, §2705; RCivC 1903, §212; RC 1919, §282; SDC 1939, §51.0219.
Section 43-3-13 – Creation of future interests to take effect in the alternative.
43-3-13. Creation of future interests to take effect in the alternative. Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. Source: CivC 1877, §188; CL 1887, §2704; […]
Section 43-3-14 – Limitation of future interest to successors, heirs, issue, or children–Rights of posthumous children.
43-3-14. Limitation of future interest to successors, heirs, issue, or children–Rights of posthumous children. If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the child was conceived prior to the decedent’s death, was born within ten months of the decedent’s […]
Section 43-3-15 – Effect of limitation of future interest by grant to take effect on death without issue.
43-3-15. Effect of limitation of future interest by grant to take effect on death without issue. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean […]
Section 43-3-16 – Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.
43-3-16. Birth of posthumous child terminates future interest depending on death without successors under certain circumstances. 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 […]
Section 43-3-17 – Creator of future interest may provide for its termination.
43-3-17. Creator of future interest may provide for its termination. A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged […]
Section 43-3-18 – Future interest unaffected by act of owner of intermediate or precedent interest.
43-3-18. Future interest unaffected by act of owner of intermediate or precedent interest. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by §43-3-19, […]