Section 43-9-4 – Remainder, definition.
43-9-4. Remainder, definition. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. Source: CivC 1877, §226; CL 1887, §2742; RCivC 1903, §249; RC 1919, §319; SDC 1939, §51.0410.
Section 43-9-5 – Contingent remainder in fee created on prior remainder in fee.
43-9-5. Contingent remainder in fee created on prior remainder in fee. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which […]
Section 43-9-6 – Successive estates for life–Limitation.
43-9-6. Successive estates for life–Limitation. 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 […]
Section 43-9-7 – Remainder upon successive estates for life.
43-9-7. Remainder upon successive estates for life. No remainder can be created upon successive estates for life, provided for in §43-9-6, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term. Source: CivC 1877, §232; […]
Section 43-9-9 – Estate for life cannot be limited as a remainder on a term of years–Exception.
43-9-9. Estate for life cannot be limited as a remainder on a term of years–Exception. No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. Source: CivC 1877, §234; CL 1887, §2750; RCivC 1903, §257; RC 1919, §327; […]
Section 43-9-10 – Conditional limitation–Remainder limited on contingency.
43-9-10. Conditional limitation–Remainder limited on contingency. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. Source: CivC 1877, §235; CL 1887, §2751; RCivC 1903, §258; RC 1919, §328; SDC 1939, […]
Section 43-9-11 – Rights of heirs of life tenant when made remaindermen.
43-9-11. Rights of heirs of life tenant when made remaindermen. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body […]
Section 43-9-12 – Effect of remainder limited on estate for life or for years.
43-9-12. Effect of remainder limited on estate for life or for years. 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 […]
Section 43-9-14 – Action for injury to inheritance–Right to maintain.
43-9-14. Action for injury to inheritance–Right to maintain. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property […]
Section 43-9-3 – Reversion, definition.
43-9-3. Reversion, definition. A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised. Source: CivC 1877, §225; CL 1887, §2741; RCivC 1903, §248; RC 1919, §318; […]