Section 43-36-1 – Gift defined.
43-36-1. Gift defined. A gift is a transfer of personal property, made voluntarily and without consideration. Source: CivC 1877, §639; CL 1887, §3260; RCivC 1903, §953; RC 1919, §561; SDC 1939, §51.1506.
Section 43-36-2 – Validity of verbal gift–Means of obtaining possession and control–Delivery.
43-36-2. Validity of verbal gift–Means of obtaining possession and control–Delivery. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given; nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. Source: CivC 1877, §640; CL […]
Section 43-36-3 – Gift not subject to revocation by giver–Exception–Gift in view of death.
43-36-3. Gift not subject to revocation by giver–Exception–Gift in view of death. A gift, other than a gift in view of death, cannot be revoked by the giver. Source: CivC 1877, §641; CL 1887, §3262; RCivC 1903, §955; RC 1919, §563; SDC 1939, §51.1508.
Section 43-36-4 – Gift in view of death–Definition.
43-36-4. Gift in view of death–Definition. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Source: CivC 1877, §642; CL 1887, §3263; RCivC 1903, §956; RC 1919, §564; SDC […]
Section 43-36-5 – Gift in view of death–Presumption.
43-36-5. Gift in view of death–Presumption. A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. Source: CivC 1877, §643; CL 1887, §3264; RCivC 1903, §957; RC 1919, §565; SDC 1939, […]
Section 43-36-6 – Gift in view of death–Revocation–Rights of bona fide purchaser protected.
43-36-6. Gift in view of death–Revocation–Rights of bona fide purchaser protected. A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event […]
Section 43-36-7 – Gift in view of death not affected by will–Exception.
43-36-7. Gift in view of death not affected by will–Exception. A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. Source: CivC 1877, §645; CL 1887, §3266; RCivC 1903, §959; RC 1919, §567; SDC 1939, §51.1511.
Section 43-36-8 – Gift in view of death–Treatment as legacy–Creditors of giver.
43-36-8. Gift in view of death–Treatment as legacy–Creditors of giver. A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver. Source: CivC 1877, §646; CL 1887, §3267; RCivC 1903, §960; RC 1919, §568; SDC 1939, §51.1512.