43-5-1. Absolute power of alienation–Suspension–Limitation. The absolute power of alienation may not be suspended by any limitation or condition whatever for a longer period than during the continuance of the lives of persons in being plus a period of thirty years at the creation of the limitation or condition, except in the single case mentioned […]
43-5-2. Future interests suspending absolute power of alienation beyond prescribed limitation void. Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can […]
43-5-3. Term of years–Suspension of absolute ownership. The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. Source: CivC 1877, §227; CL 1887, §2743; RCivC 1903, §250; RC 1919, §320; SDC 1939, §51.0411.
43-5-4. Suspension of power to alienate trust as suspension of power of alienation. The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the […]
43-5-5. Computation of period for interest or trust created under power of appointment. If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the […]
43-5-6. Distribution according to intent of creator. If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have […]
43-5-7. Exempt transfers. This chapter does not limit any of the following: (1)Transfers, outright or in trust, for charitable purposes; (2)Transfer to charitable corporations; (3)Transfers to any cemetery corporation, society, or association; or (4)Employees’ trusts created as part of a pension, retirement, insurance, savings, stock bonus, profit sharing, or similar plan established by an employer […]
43-5-8. Rule against perpetuities not in force. The common-law rule against perpetuities is not in force in this state. Source: SL 1983, ch 304, §4.
43-5-9. Limitation of actions to void existing instruments. If no action or proceeding has been instituted by July 1, 1984, to declare void any instrument which existed prior to July 1, 1983, under the provisions of this chapter as it existed prior to July 1, 1983, then all such instruments shall be interpreted under this […]
